We asked a former federal agent to review videos showing use of force against protesters. Here’s what he found.

You’ve seen the videos in newscasts and social feeds: Federal agents employing chokeholds, firing pepper spray at close range, and even using vehicle maneuvers to control immigration protests.These videos have spurred debate over whether agents have violated federal policies on use of force, which is authorized “only when no reasonably effective, safe, and feasible alternative appears to exist,” according to Department of Homeland Security policies.A review of hundreds of videos, most recorded on cellphones by protesters and posted online, shows repeated instances that don’t appear to meet that standard.We asked Eric Balliet, a career federal agent who worked under both Democratic and Republican administrations for more than two decades, to review some of the tactics used in these videos. Balliet led internal investigations into use of force misconduct for the U.S. Immigration and Customs Enforcement until last year.”This isn’t policing and law enforcement as I practiced it for 25 years,” he said.Customs and Border Protection commander Gregory Bovino, who is leading the federal agents responding to protests in Chicago, disagrees.”If someone strays into a pepper ball, then that’s on them,” Bovino said in an interview with CBS News. “Don’t protest and don’t trespass.”Protesters and media organizations in Chicago have filed a complaint in federal court about the tactics employed under Bovino’s command, as well as those captured on video recordings in Portland, Oregon; Los Angeles and other cities. Last week, U.S. District Court Judge Sara L. Ellis issued an order blocking federal agents from deploying chemical spray, tear gas or any other less-lethal weapon “unless such force is necessary to stop the immediate threat of physical harm to another.” The Trump administration has filed an appeal.  DHS is now racing to file its implementation guidance in response to the judge’s order. Revised directives informing DHS personnel of banned use-of-force tactics must be issued by the end of the day Tuesday.”I see little reason for the use of force that the federal agents are currently using,” Ellis said in her ruling from the bench.”The use of force shocks the conscience,” Ellis said.But President Trump said in an interview with CBS News’ “60 Minutes” earlier this month that the tactics employed by Immigration and Customs Enforcement “haven’t gone far enough.” “I don’t know where the leadership is here,” said Balliet. “It seems to be non-existent. Any oversight and justification for the use of force seems to be absent across the board.”Balliet reviewed dozens of videos at the request of CBS News, and he identified several clear areas of concern with the tactics he saw in use against demonstrators.Firing less than lethal munitions at protesters’ heads and torsosVideos taken outside the ICE facilities show federal agents standing several stories above protesters and shooting less than lethal munitions towards their heads and torsos. One cellphone video from September, taken outside the ICE facility in Broadview, Illinois, shows a priest looking up toward agents standing several stories above him. In the video, agents fire pepper balls that land nearby him, and explode on the ground. One agent then fires a pepper ball that strikes the man in the head, and he crumbles to the ground.Agency policy prohibits agents from firing at anyone above the waist, stating they “shall not intentionally target the head, neck, groin, or female breast.” Balliet says such incidents show a lack of proper training.”They are elevating the force to a degree that is excessive,” Balliet said.During an interview, CBS News showed Bovino the September video and asked him if the agent had breached department policy. He said the agent had not — because the protesters were “trespassing” on federal grounds and the use of pepper balls didn’t deviate from policy.”The use of that less lethal device, a pepper ball, was absolutely in line with policy. And I applaud them for protecting that federal facility there.” He said use of force outside of the Broadview facility has been “exemplary.”Tear gas and pepper spray at close rangeVideos collected from Portland, Chicago and Los Angeles show agents deploying large amounts of tear gas and pepper spray at protesters, sometimes at close range.In one October cellphone video from Portland, a federal agent can be seen spraying a form of tear gas called “oleoresin capsicum” spray directly at an individual protester at close range and in high volume. The protester can be seen verbally confronting two agents in the street. Another agent then walks up to the protester and sprays her directly in the face with a large can of pepper spray. “If you take direct shots to the eye, it can scratch or prick your cornea,” said Balliet. In his experience, agents have gone to the emergency room for eye damage after being sprayed at similar ranges with this type of munition. DHS policy allows the deployment of chemical irritants only in cases when subjects offer “active resistance.” The footage shows protesters yelling but not physically threatening the agents, which Balliet said was not a sufficient provocation for this level of response.”For this particular one, it’s a little disturbing because there does not appear to be any sort of de-escalation attempt,” Balliet said. Vehicle maneuvers used as deadly forceCellphone videos have also caught federal agents in several cities using vehicles to push or move  demonstrators.In one video from Chicago, an agent in an unmarked federal vehicle slowly drives into a protester. The agent can be heard yelling, “I’m gonna slam you on the f****** ground,” as the vehicle makes contact with the demonstrator.Balliet says driving a vehicle into a protester constitutes “deadly force,” or what the DHS use of force policy defines as “action that carries a substantial risk of causing death or serious bodily injury.”  “Anytime you introduce a vehicle into an already volatile situation, it drastically changes the dynamics,” Balliet said. “It rises into that deadly force arena.”The fact that the vehicle was unmarked and the lack of communication created further risk, he said. A protester in the video can be heard saying, “Who are you?” as the car continues to push into the demonstrator. “I can’t stress enough the significance of markings,” Balliet said. “When you blur the line in that world, it presents a danger to everyone involved.”Prohibited chokeholds and hand-on contactVideos received by CBS News reveal agents using aggressive hands-on tactics, including chokeholds, which DHS policy forbids unless the “deadly force” is authorized. “Chokeholds and carotid restraints must not be used as a means to control non-compliant subjects or persons resisting arrest,” states a 2023 DHS Use of Force policy.But in two videos from Chicago, federal agents are seen putting their hands or arms directly around the necks of protesters during tense encounters. In one Broadview incident, agents surround a female protester who is attempting to block a car from leaving the facility. An agent, who is masked but not wearing a helmet, even as other agents fire pepperballs from an elevated location, puts his arm around her throat. Another officer then pulls the man off the woman and she is released. “It’s considered lethal force for a reason,” Balliet said. “If I were the commander, that individual would be off the team 30 seconds after it happened.”In another Chicago video, a Border Patrol agent places his hands around the neck of a protester and slams him onto the ground. As the agent engages in the hands-on approach, he swings his rifle behind him, leaving the muzzle of his potentially loaded gun unprotected.”The fact that that weapon, that M4, is just flailing around muzzling the agents, muzzling the crowd, is basically begging some bad actor to grab it,” said Balliet. “It’s good that somebody didn’t get extremely hurt or killed in this.”Agents commended by commander, despite alleged violations of DHS policyBovino confirmed no one has been disciplined in Chicago in connection to incidents documented during Operation Midway Blitz.”Absolutely not,” Bovino said when asked if anyone acted outside policy.But Balliet said he believes the lack of accountability could have long-term negative consequences for federal law enforcement.”This is gonna have an irreparable harm to the trust and faith that the general public has in its law enforcement officers,” he said. “It is creating a divide that is going to take years — if it can ever be fully repaired.”In a statement to CBS News, DHS Assistant Secretary Tricia McLaughlin said federal agents are “trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and themselves.”The agency argued that protesters have “thrown rocks, bottles, and fireworks” at agents, “slashed the tires of their vehicles, rammed them, ambushed them, and …destroyed multiple law enforcement vehicles.” “Despite these real dangers, our law enforcement shows incredible restraint in exhausting all options before force is escalated,” the agency statement said.

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