Olivia Asher is a reporter at the New Herald Tribune covering breaking news for the Digital Trends Desk. Before joining the newsroom in 2022, she covered criminal justice issues at the Orlando Plain Dealer.
September 24 , 2025
New York, NY — Singer-songwriter Neil Diamond has formally condemned the use of his iconic 1980 hit “America” in a recent U.S. Immigration and Customs Enforcement (ICE) video showcasing footage from a series of immigration raids. Diamond's label, Capitol Records, has issued a cease and desist order demanding that the agency remove the video from all official platforms and refrain from using the song in any future content.
The video, posted last week on ICE’s official social media accounts, featured bodycam and aerial footage of agents conducting operations across multiple states. The images were set to Diamond’s rousing track “America,” a song widely associated with themes of immigration, hope, and national pride. The video quickly drew backlash from immigrant rights advocates and music fans alike, who called the pairing of song and subject “tone-deaf” and “disturbing.”
Capitol Records' cease and desist letter, reviewed by the press, argues that the use of the track constitutes copyright infringement and demands immediate removal of the content. The letter also asserts that ICE’s use of the song falsely implies endorsement by Diamond, who retired from touring in 2018 after being diagnosed with Parkinson’s disease but remains musically active through studio projects.
ICE has not issued a formal comment but quietly removed the video from its YouTube and X (formerly Twitter) accounts late Monday evening. A spokesperson for the Department of Homeland Security declined to confirm whether the removal was in direct response to the cease and desist order.
Legal experts say the case highlights a growing concern among artists over the use of their work in political or governmental contexts without permission.
“Even if there’s a fair use argument to be made, many artists are pushing back against their music being used in ways that contradict their values or original intent,” said Linda Marquez, a professor of entertainment law at UCLA. “We’ve seen similar cases with political campaigns, but this is a more unique instance involving a federal agency.”
“America” was originally released as part of the soundtrack to The Jazz Singer and has since become one of Diamond’s most enduring anthems, frequently played at patriotic events and cited in discussions of the American immigrant story.
Diamond's representatives indicated that they will continue to monitor the situation and consider further legal action if necessary.
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