Former federal agent shares concerns about tactics used against protesters: "This isn't policing"

Key Concepts

Use of Force: The application of physical power by law enforcement agents.
Less-Lethal Munitions: Weapons designed to incapacitate without causing death or serious injury, such as pepper balls and pepper spray (OC spray).
Chokehold: A restraint technique that applies pressure to the neck, potentially restricting airflow or blood flow.
Department of Homeland Security (DHS): The federal department responsible for national security, including immigration enforcement.
U.S. Customs and Border Protection (CBP): A component of DHS responsible for border security and customs enforcement.
Immigration and Customs Enforcement (ICE): A component of DHS responsible for enforcing immigration laws.
Homeland Security Investigations (HSI): A component of ICE responsible for investigating a wide range of domestic and international criminal activities.
Special Response Team (SRT): Elite units within law enforcement agencies trained for high-risk situations.
De-escalation: Tactics used to reduce tension and prevent violence.
Accountability: The obligation to accept responsibility for one's actions.

Shifting Tactics in Federal Immigration Enforcement and Use of Force

This summary details concerns raised by former federal agent Eric Balier regarding the aggressive tactics employed by federal agents, particularly within ICE and CBP, during immigration enforcement operations. The report contrasts these tactics with established law enforcement protocols and DHS policy, highlighting instances where Balier believes force has been used excessively and inappropriately.

Aggressive Tactics and Use of Less-Lethal Munitions

Federal agents have been observed using pepper balls and other less-lethal munitions in ways that appear to violate CBP guidance.

Targeting: Agents have been seen firing pepper balls downward into crowds from elevated positions. CBP guidance prohibits intentionally targeting the head, neck, spine, or female breast.
Incident at Broadview Facility: In a September incident, federal agents at the Broadview facility fired pepper balls into a seemingly peaceful crowd from several stories above. One man was struck in the head.
Balier's Assessment: Eric Balier stated that his training experience indicates pepper balls and less-lethal munitions are "never shot at the head, neck or solar plex area." He believes these rounds impacting the face, head, or neck risk "serious injury, death, or unintentional consequences" and that the force used is "excessive."
Commander Bevino's Defense: Gregory Bevino, Commander at Large for the operation, defended the use of pepper balls, stating it was "absolutely in line with policy" and that agents were "protecting that federal facility." He asserted that aiming above the waist is within policy and that if someone "strays into a pepper ball, then that's on them. Don't protest and don't trespass." He described the use of force as "exemplary."

Deployment of Pepper Spray (OC Spray)

DHS policy permits OC spray deployment if a subject is offering active resistance. However, concerns have been raised about its application.

Portland Incident: A video from Portland shows a federal agent spraying a large can of OC spray directly into a protester's face from approximately two feet away.
Intended Use: The size of the can and the cone shape of the spray suggest it's intended for crowd dispersal, not individual targeting.
Lack of De-escalation: Balier found this particular use of OC spray "disturbing" due to the apparent lack of de-escalation attempts. He noted that direct shots to the eye can cause corneal damage.
Professional Expectations: Balier emphasized that law enforcement professionals are expected to have "thick skin" and withstand verbal abuse.

Defiance of Court Orders and Use of Tear Gas

Despite a federal judge's order on October 9th to stop deploying riot control weapons against peaceful protesters, agents were later filmed deploying tear gas in Chicago.

Bevino's Stance: When asked if agents defied court orders, Bevino stated he would "not let any violence be perpetrated against any federal agent or any federal officer" and that any use of force was "well within CBP policy."

Vehicle Maneuvers as Potentially Deadly Force

Federal agents have been filmed using cars to move protesters, a tactic Balier characterizes as potentially deadly force.

Chicago Incident (October): A federal agent in an unmarked car drove into a protester in the street. The video shows other cars passing freely, and an officer directing traffic, suggesting alternative routes were available.
Balier's Analysis: Balier stated that using a vehicle in an "offensive use" rises to the level of "deadly force" and exponentially increases the risk for agents, the public, and suspects. He warned, "You could go from zero to lethal in a blink of an eye."
Confusion and Risk: The unmarked nature of the vehicle led to confusion about the driver's identity, posing additional risks. Balier stressed the importance of markings on vehicles for officer and public safety.

Use of Chokeholds and Unsafe Weapon Handling

The use of chokeholds, explicitly prohibited by DHS due to their potential lethality, and unsafe weapon handling have also been documented.

Broadview Facility Incident: A protester was placed in a chokehold by an agent, described as an ICE SRT member, after being pushed to the ground. Pepper balls were also fired around her. Balier stated that such a tactic with an unarmed female is "straight up forbidden" and enters the "lethal force arena." He added that if this occurred on his team, the agent would be removed immediately.
Tactical Concerns: Balier questioned the tactical sense of agents wearing face masks but no helmets, especially when firing from elevation, and noted the risk to officers not wearing protective gear. He described the agents' approach as "hodge podge" and tactically unsound.
Chicago Incident (October): In another video, a federal agent placed his hands on a protester who had his hand on the small of his back. The agent slung his M4 rifle behind him, losing control of its muzzle, which then pointed towards agents and the crowd.
Balier's Critique: Balier stated this was not an acceptable use of physical force according to defensive tactics training. He expressed concern that the unsecured weapon was "basically begging some bad actor to grab it" and that it was fortunate no one was "extremely hurt or killed." He concluded, "That is not crowd control. That is not deescalation."

Accountability and Impact on Public Trust

The report questions what happens to federal agents who do not follow use-of-force policies.

DHS Statement: DHS stated that agents are trained to use the minimum force necessary and prioritize safety.
Bevino's Claim: Bevino claimed that no one has been disciplined yet, at least in Chicago, and that he believes no agents acted outside of policy.
Balier's Concern: Balier worries that the lack of accountability from leadership will cause "irreparable harm to the trust and faith that the general public has in its law enforcement officers," creating a divide that will be difficult to repair.

Conclusion

The video transcript highlights significant concerns regarding the tactics employed by federal agents during immigration enforcement. Former agent Eric Balier argues that the use of less-lethal munitions, pepper spray, vehicle maneuvers, and chokeholds, as well as unsafe weapon handling, often exceeds policy guidelines and poses substantial risks of serious injury or death. Commander Gregory Bevino, however, defends these actions as policy-compliant and necessary for protecting federal facilities and agents. The lack of apparent disciplinary action for alleged policy violations raises serious questions about accountability and its potential long-term impact on public trust in law enforcement.