Lead
Federal agents’ tactics at immigration protests in cities including Chicago, Portland, Los Angeles and Broadview, Illinois, have been captured on hundreds of cellphone videos and sparked legal and policy scrutiny. CBS News asked former ICE investigator Eric Balliet to examine dozens of those recordings; he identified multiple instances where tactics appeared to conflict with Department of Homeland Security (DHS) use-of-force rules. U.S. District Judge Sara L. Ellis has temporarily limited the deployment of chemical agents and other less-lethal tools while the government seeks to appeal, and DHS has been ordered to issue revised implementation guidance on a tight schedule.
Key Takeaways
- Hundreds of videos, mostly cellphone footage posted online, document federal agents using pepper balls, OC spray and unmarked vehicles during immigration-related protests in several U.S. cities.
- Eric Balliet, a career federal agent who led ICE use-of-force investigations until last year, reviewed dozens of clips and flagged repeated concerns about tactics that appear inconsistent with DHS policy.
- Incidents include pepper balls striking a man’s head outside the Broadview, Illinois, ICE facility in September; close-range oleoresin capsicum spray in Portland in October; vehicle contact with demonstrators in Chicago; and suspected chokeholds in multiple Chicago encounters.
- DHS policy forbids intentionally targeting the head, neck, groin or female breast and allows chemical irritants only when subjects offer “active resistance” or an immediate threat; a 2023 DHS use-of-force directive restricts carotid restraints.
- U.S. District Judge Sara L. Ellis ordered a block on chemical spray and other less-lethal weapons unless necessary to stop an immediate threat of physical harm; the administration has filed an appeal.
- Customs and Border Protection commander Gregory Bovino has defended the tactics used under his command in Chicago, while DHS leadership emphasized training and restraint in public statements.
- Balliet warned that perceived lack of oversight and accountability risks long-term damage to public trust in federal law enforcement.
Background
The demonstrations followed heightened enforcement at immigration facilities and broader national protests over immigration policy and federal enforcement tactics. Protesters and journalists have recorded many confrontations on cellphones and posted them to social media, giving public visibility to moments that previously might have been limited to internal reviews. DHS has a 2023 use-of-force policy that sets limits on targeting certain body areas, restricts chokeholds and carotid restraints, and ties chemical irritant deployment to specific levels of resistance.
Federal responses have varied by jurisdiction. In some cities, agents were deployed under operations with names like “Operation Midway Blitz,” and commanders have cited threats such as thrown projectiles and damaged vehicles to justify force. Civil-rights groups, media organizations and local protesters have filed complaints and litigation challenging the federal tactics and the control exercised by federal commanders.
Main Event
In September, cellphone footage outside the ICE facility in Broadview, Illinois, shows a priest and other demonstrators near the facility while agents positioned on elevated platforms fired pepper balls. One pepper ball struck the priest in the head; he fell to the ground. Agency policy prohibits intentional targeting above the waist, and Balliet told CBS News that the clip reflected improper escalation and insufficient training.
In Portland, an October video shows an agent spraying a large-volume stream of oleoresin capsicum at close range into a protester’s face while the individual is verbally confronting agents but not shown physically attacking them. Balliet noted the risk of corneal injury from direct, high-volume sprays and said the footage did not show de-escalation attempts before force was used.
Chicago footage includes an unmarked federal vehicle slowly pushing into a demonstrator, with the agent heard saying, “I’m gonna slam you on the f****** ground,” as contact is made. Balliet characterized introducing a vehicle into such encounters as actions that can constitute deadly force because of the substantial risk of serious injury.
Other videos from Chicago show hands-on control that resembles chokeholds and carotid restraints. In one Broadview-adjacent clip, an agent wraps an arm around a woman’s throat as other agents fire pepper balls; she is later released after colleagues intervene. In a separate encounter, a Border Patrol agent holds a protester by the neck while swinging a rifle, which Balliet said created an additional safety risk because of the unsecured muzzle.
Commander Gregory Bovino, who leads the federal response in Chicago, reviewed some of the footage with CBS News and defended his teams, saying the pepper-ball use and other measures were consistent with policy and necessary to protect federal property and personnel from trespass and attacks. Officials at DHS and CBP have cited incidents where agents were pelted with rocks, struck with fireworks, or experienced vehicle damage to argue that force has been justified.
Analysis & Implications
Legally, the dispute hinges on how DHS’s use-of-force standards are applied in public protest settings. DHS policy ties many less-lethal responses to a threshold of active resistance or an immediate threat of physical harm; footage that shows loud confrontation without physical assault raises questions about that threshold. The recent court order from Judge Ellis narrows the circumstances in which chemical agents and similar tools may be used, at least temporarily, and shifts pressure onto DHS to clarify operational constraints for agents on the ground.
Operationally, Balliet and other critics argue that several recurring issues—unmarked vehicles, limited communication, force deployed from elevated positions, and hands-on tactics that resemble prohibited restraints—reflect gaps in training, supervision and accountability. Commanders who publicly endorse contested tactics risk creating an internal culture where borderline or prohibited measures become normalized instead of corrected.
Politically, the dispute has become polarized. Senior political figures have signaled support for strong enforcement at facilities, while judges and civil-rights advocates emphasize constitutional protections for protesters and limit-setting by courts. The Trump administration’s appeal of the injunction indicates continued executive-branch insistence on broader authority for federal agents, which could prolong national litigation and policy fights.
Longer-term, the controversies may influence future DHS training, oversight mechanisms and how federal agents are deployed to demonstrations. If the court’s restrictions are upheld, agencies will need robust, written guidance and rapid retraining to align field practice with legal limits; if overturned, scrutiny and litigation are likely to continue as footage keeps circulating online.
Comparison & Data
| Tactic | Relevant DHS Standard | Observed frequency in sample |
|---|---|---|
| Pepper balls at head/torso | No intentional targeting above the waist | Multiple clips (including Sept, Broadview) |
| Close-range OC/tear gas | Allowed only against active resistance or immediate threat | Several clips (Portland, Chicago, LA) |
| Vehicle contact | Risk of deadly force; must meet high threshold | Documented in Chicago clip |
| Chokeholds/carotid control | Prohibited except when deadly force is authorized | Multiple Chicago clips |
The table summarizes observed tactics against published DHS standards; CBS News reviewed hundreds of publicly posted videos and provided dozens of selected clips to Balliet for analysis. While the sample is not a statistical survey, the recurrence of similar patterns across cities suggests systemic concerns rather than isolated errors.
Reactions & Quotes
This isn’t policing and law enforcement as I practiced it for 25 years.
Eric Balliet, former federal agent and ICE use-of-force investigator
Balliet used his investigative experience to contrast the footage with established training and internal review norms, saying the clips show escalation and limited oversight.
If someone strays into a pepper ball, then that’s on them. Don’t protest and don’t trespass.
Gregory Bovino, CBP commander overseeing Chicago response
Bovino defended his teams’ actions in an interview and praised their protection of federal property, framing many confrontations as responses to trespass and direct attacks on agents.
The use of force shocks the conscience.
U.S. District Judge Sara L. Ellis
In issuing a temporary limitation on certain less-lethal tactics, Judge Ellis emphasized the need for restraint and for force to be tied to immediate, demonstrable threats. The government has appealed the order.
Unconfirmed
- Intent: Videos show actions and outcomes but do not on their own prove whether agents deliberately intended to target heads or necks.
- Command-level orders: Public footage does not conclusively reveal whether specific uses of force were ordered by supervisors or conducted independently by officers on the scene.
Bottom Line
Video evidence reviewed by a former ICE investigator raises substantive questions about whether federal agents’ on-the-ground tactics have consistently complied with DHS use-of-force policy. Incidents recorded in Broadview, Portland and Chicago illustrate recurring concerns: elevated-angle munition use, high-volume close-range chemical sprays, vehicle contact with demonstrators, and hands-on restraints resembling prohibited chokeholds.
The judicial restriction issued by U.S. District Judge Sara L. Ellis and the administration’s appeal make clear this will be resolved through both policy revision and the courts. Absent clear accountability and updated, enforceable guidelines, experts like Balliet warn that public trust in federal law enforcement could suffer long-term damage — a consequence that will shape how agencies train, supervise and deploy personnel at protests going forward.
Sources
- CBS News (news report — primary coverage and video review)