Some ICE tactics against protesters violate federal policy, CBS News investigation finds

Key Concepts:

• Government Shutdown
• Federal Immigration Agents
• U.S. Border Patrol
• Use of Force
• Less-Lethal Munitions (Pepper Balls)
• Department of Homeland Security (DHS) Policy
• ICE (Immigration and Customs Enforcement)
• CBP (Customs and Border Protection)
• Excessive Force
• Administrative Consequences
• Criminal Penalties
• Credibility of Justification

Summary:

The transcript discusses the expected vote on a bill to end the government shutdown and reveals plans by the Trump administration for federal immigration agents to depart the Chicago area. This includes U.S. Border Patrol Commander Gregory Bovino, who has been leading a crackdown on crime and illegal immigration in Illinois.

Federal Judge's Order and CBS News Investigation

A federal judge recently issued an order restricting the use of force by federal agents against immigrants and protesters in Chicago. The judge deemed Commander Bovino's justification for this behavior "not credible." This ruling follows a CBS News investigation that uncovered evidence suggesting some of these tactics may have violated Department of Homeland Security (DHS) policy.

Commander Bovino's Defense

In an interview with CBS News, Commander Bovino denied that his agents' actions were excessive. He stated, "No, I think they haven't gone far enough because we've been held back by the by the judges, by the liberal judges that were put in by Biden and by Obama." When asked if he was okay with the tactics, he responded, "Yeah, because you have to get the people out."

Aggressive Tactics and DHS Policy Concerns

The report details months of aggressive engagement by masked federal agents with protesters in several states, carrying out the President's immigration directives. These tactics have included shooting pepper balls into faces, using vehicles to move crowds, and employing chokeholds on protesters. These actions were reportedly endorsed by President Trump.

CBS News highlights instances of ICE tackling a young mother, tear gas being used in a Chicago residential neighborhood, and the smashing of car windows, questioning if these raids have "gone too far."

Shift in Tactics and Expert Opinion

This sweeping, multi-agency immigration campaign is spearheaded by the Department of Homeland Security and led by U.S. Customs and Border Protection Commander at Large Gregory Bovino. The transcript notes that CBP guidance prohibits agents from intentionally targeting the head, neck, or spine with less-lethal munitions.

However, in a September incident at the Broadview facility, federal agents were observed firing pepper balls and other less-lethal munitions downward into crowds from an elevated position. A man was struck in the head, a tactic he claims is not in line with his training.

Eric Balliet, a 25-year veteran federal agent who previously led investigations into use-of-force misconduct for ICE, expressed concern. He stated, "This isn't policing and law enforcement. As I practiced it for for 25 years." He further elaborated on the risks associated with shooting pepper balls at the head, neck, or solar plexus area, noting the potential for serious injury, death, or unintentional consequences. Balliet's professional assessment is that the force being used is "elevating the force to a degree that is excessive."

Commander Bovino's Response to Tactics

When directly questioned by CBS News correspondent Nicole Sganga about the incident at Broadview, Commander Bovino defended the use of the pepper ball, stating, "Sure, absolutely. The use of that less lethal device, a pepper ball, was absolutely in line with policy, and I applaud them for for protecting that federal facility." Regarding aiming above the waist, he said, "It can be if someone strays into a pepper ball then that's on them. Don't protest and don't trespass." He reiterated his belief that "The use of force that I've seen has been exemplary."

DHS Policy on Use of Force and Agent Discipline

Nicole Sganga also inquired about DHS policy for use-of-force violations and whether any agents had been disciplined. She explained that on paper, agents are expected to face administrative consequences for excessive force, and potentially criminal penalties in cases of lethal force. When asked if any agents had acted outside of policy, been investigated for potential excessive force, or disciplined, Commander Bovino stated, "No, not to his knowledge."

Eric Balliet expressed a concern that agents might feel they are acting with impunity, which he believes is the perception among many.

Logical Connections and Conclusion

The transcript establishes a clear connection between the government shutdown, the administration's immigration directives, and the aggressive tactics employed by federal agents. The judge's ruling and the CBS News investigation highlight a potential disconnect between these tactics and established policies, as well as a lack of credibility in the justifications provided by leadership. The expert opinion from Eric Balliet reinforces the concerns about excessive force and the potential for agents to feel unaccountable. The summary concludes by noting the lack of reported disciplinary actions despite these concerns.