It doesn't matter, Nintendo cares about their brand more than their own lives and if enough people said "I can't believe Nintendo is supporting human rights violations!" they would bury ICE under a lawsuit. We're talking about Nintendo here, the company who literally makes most of its money from suing people. Them just waving and smiling at ICE literally using their IP for nefarious purposes is so OOC it's actually insane anyone would even consider it.