Last Monday, the Department of Homeland Security (DHS) posted a one-minute video on X (formerly Twitter) and other social media platforms, splicing together clips from the Pokémon anime intro with footage of border patrol agents arresting individuals, all set to the first season’s theme song.
The post’s caption was the famous tagline “Gotta Catch ‘Em All!” At the video’s end, it displayed Pokémon cards featuring photos of convicted criminals facing potential deportation.
The U.S. Customs and Border Protection (CBP) account replied, announcing Pikachu as its newest recruit.
The post quickly went viral, amassing over 63.7 million views on X alone, along with more than 175,000 likes and 15,000 replies.
Reactions were sharply divided: some users found it hilarious and praised its creativity, while others condemned it as dehumanizing and inappropriate, especially for using a children’s franchise to promote immigration enforcement.
Commenters from both sides speculated on how Nintendo would respond, given the company’s reputation for aggressively enforcing its intellectual property rights — evidenced by actions like issuing DMCA takedowns against over 8,500 GitHub repositories for the Yuzu emulator in 2024 and targeting hundreds of fan games on platforms like Game Jolt in multiple waves since 2016. As of now, Nintendo and The Pokémon Company have not issued any public statement on the matter, despite requests for comment from media outlets. However, Nintendo has at least three viable options.
The first is to do nothing, allowing the post to fade from public attention as the DHS shifts to other content. This approach aligns with the company’s low-profile strategy on publicity.
The second option is to file a formal copyright complaint with social media companies like X, requesting the post’s removal. While rights holders can submit these directly, a surge of user reports can also prompt action. Given Nintendo’s history, this could be effective without escalating to litigation.
The third option is to sue the federal government for copyright infringement. The U.S. government has waived sovereign immunity for patent and copyright claims under statutes like 28 U.S.C. § 1498. However, limitations apply: the case must be filed in the U.S. Court of Federal Claims (which lacks jury trials), and if a government contractor is involved, they may have immunity, redirecting the suit to the government itself.
So, what should Nintendo do? Don McGowan, former chief legal officer for The Pokémon Company, argued for inaction in a statement to IGN:
“I don’t see them doing anything about this for a few reasons. First, think of how little you see [The Pokémon Company International]’s name in the press. They are INSANELY publicity-shy and prefer to let the brand be the brand. Second, many of their execs in the USA are on green cards. Even if I was still at the company I wouldn’t touch this, and I’m the most trigger-happy CLO I’ve ever met. This will blow over in a couple of days and they’ll be happy to let it.”
While doing nothing might seem straightforward, it risks alienating fans who view it as tacit endorsement of the Trump administration’s policies, potentially leading to backlash. Moreover, the post’s massive virality could encourage DHS to produce more Pokémon-themed content.
Conversely, suing the government would likely exacerbate the situation. Litigation is typically slow, costly, and could draw unwanted negative publicity to Nintendo.
Filing a copyright complaint with social media platforms appears the most balanced approach. The post’s high visibility might prompt swift moderator action. There are precedents of DHS posts incorporating others’ IP being removed, though it’s often unclear if this was voluntary or enforced.
In deciding, Nintendo must weigh its customer base’s reactions amid ongoing gaming culture wars. Vocal factions include progressive “woke” advocates and anti-“woke” critics chanting “go woke, go broke.” Offending either could spark boycott calls, though these groups often represent a minority. The silent majority tends to prioritize gameplay over politics.
Still, political messaging has partially contributed to financial flops, such as Sony’s Concord — a hero shooter with an estimated development budget of between $200 million and $400 million. It sold only about 25,000 units across PS5 and PC before being pulled offline just two weeks after its August 2024 launch due to poor sales and reviews.
Pokémon remains the world’s highest-grossing media franchise, with cumulative revenue exceeding $113.7 billion as of 2025, driven by games, cards, merchandise, and more. It’s highly unlikely Nintendo would permit DHS to use Pikachu as a mascot or equate Pokémon with convicted criminals. To preserve this brand’s immense value, Nintendo must respond — or not — strategically, even if it means tuning out the loudest voices.
Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at [email protected]. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.