When visualizing a modern prison, several images are likely to spring to mind. These can include barred windows, coils of barbed wire on top of tall fences, and towers containing heavily armed guards. While everyone will have different takes, it's a good bet that not many people, if any at all, would include an auto racing track in their mental picture. Well, unless they're part of the current U.S. Department of Homeland Security (DHS).
The Trump administration found itself under fire again for unauthorized use of the intellectual property (IP) of others on August 6, 2025. While it offered a request rather than a legal action, IndyCar LLC. made it clear they were not okay with DHS using an image generated by artificial intelligence (AI) of one of the distinctive vehicles used in their races. The DHS image included a fictitious U.S. Immigration and Customs Enforcement (ICE) paint job.
Created to promote a deal between DHS and the state of Indiana to expand a prison to house ICE detainees, the agency posted the image for a "Speedway Slammer" on social media for what it considered a victory lap. This behavior continues a trend for the agency reminiscent of online trolling that doesn't sit well with everyone.
They're Not Laughing With You, They're Laughing - Oh, Never Mind
Relentless promotion has become standard operating procedure for the DHS, a bit of a change for the historically staid federal government. For example, Secretary of Homeland Security Kristi Noem has actively supported calling a new detention facility "Alligator Alcatraz" in promoting the creation of new low-cost facilities deemed to be particularly harsh. This is despite critics dubbing it "Alligator Auschwitz," while pointing out the facility's issues with flooding, overcrowding, environmental concerns, and cooling issues. A judge heard arguments on August 6 in a suit calling for the jail to be closed immediately.
DHS's latest bit of marketing has caused some ruffled feathers or, in the case of IndyCar, burnt rubber. While the "Speedway Slammer" image attempts to suggest a connection between the famous Indianapolis Speedway and Indiana's Miami Correctional Facility, the two facilities are some 70 miles apart. DHS treated IndyCar's claim of IP violation of the unique Dallara racing chassis used by its racers with derision, calling the claim "absurd" and vowing to continue the campaign.
In a move that left some scratching their heads, DHS also published a screengrab taken without permission from the show "South Park" on August 5. The image featured cartoonish masked ICE agents out in force and was accompanied on DHS's social media posts with enticements to apply for ICE positions. However, "South Park" has repeatedly mocked and criticized Trump, which earned it a statement from the White House condemning it as a "fourth-rate show" that "hasn't been relevant in 20 years" in July.
ICE ICE ... Maybe?
DHS's aggressive marketing campaign comes as ICE struggles to fill its ranks. In a push to attract new agents, DHS has offered signing bonuses of up to $50,000, raised the maximum age limits, and reached out to retired federal workers. They've also attempted to recruit police officers who were required to supply their email addresses while working with ICE agents, much to the annoyance of traditional law enforcement.
It seems likely DHS will continue using AI-generated images to trumpet new deals and aid its recruiting efforts. Whether one of the appropriations will spark a lawsuit in response remains a question to be answered. Maybe Cartman knows.
Related Resources
- Parody: Fair Use Or Copyright Infringement? (FindLaw's Learn About the Law)
- How To Write a Cease-and-Desist Letter (FindLaw's Small Business Law)
- Trademark Infringement Law FAQ (FindLaw's Intellectual Property Law)
