Border Patrol chief says agents' use of force in Chicago "has been exemplary"

Broadview, Illinois — Border Patrol Chief of Patrol Gregory Bovino, the architect of the Department of Homeland Security's "Operation Midway Blitz," defended the sweeping campaign to arrest undocumented migrants and quell demonstrations in the Chicago area, calling federal agents' use of force "exemplary."

"The use of force that I've seen has been exemplary — the least amount of force necessary to accomplish the mission," Bovino told CBS News. 

The Border Patrol Chief of Patrol defended forceful tactics used by federal agents during the Chicago immigration crackdown, even as new videos and court filings raise questions about whether agents and even Bovino himself violated a judge's order barring tear gas and pepper balls at protests.

Asked whether agents had defied that order, Bovino replied, "I do not. All uses of force were well within CBP policy." He added, "I'm not gonna let any violence be perpetrated against any federal agent or officer. Any use of force was well within CBP policy, as well as, I believe, anything else in conjunction with that court order."

Footage from the Broadview detention facility shows agents in tactical gear firing pepper balls into crowds that included clergy and immigration advocates. In some clips, gas clouds drift across the street — despite a federal court order issued Oct. 9 prohibiting crowd-control devices in the city.

Asked whether firing from elevated positions or above the waist violates DHS policy, Bovino insisted, "It doesn't matter where you fire from … that is a less lethal device for area saturation." As for shots striking protesters above the waist, he said, "If someone strays into a pepper ball, then that's on them. Don't protest and don't trespass."

Bovino confirmed that all uses of force are reported to internal affairs, but told CBS News that no agents have been disciplined for their actions in Chicago. 

"I believe everyone has acted well within policy," he said. 

Under DHS policy, use of force is only permitted when "no reasonably effective, safe and feasible alternative appears to exist" and given it is "objectionably reasonable" under the circumstances. Less-lethal tactics must be deemed necessary, documented, and deployed only after de-escalation efforts fail, according to CBP policy.

"A model for immigration enforcement'

Bovino, who oversaw a Los Angeles immigration enforcement crackdown earlier this year before moving onto the Windy City, called operations in Chicago "a model for immigration enforcement." He said his agents have made nearly 2,700 arrests since the mission began Sept. 6, but did not provide a breakdown of those arrested who have pending criminal charges or convictions. 

"Anywhere we're at is gonna be a model for immigration enforcement," he said. "We've done this for 101 years — Chicago, Los Angeles, and many other areas of the United States."

Pressed on how he measures success, Bovino cited "arrests, removals, and deterrence." That includes encouraging noncitizens to use the CBP Home app, which allows voluntary departure in exchange for $1,000 and a plane ticket home. "If we can deter and have those folks remove themselves rather than us doing it for 'em, it's better for all parties involved," he added. 

Asked if aggressive enforcement tactics were meant to drive self-deportations, Bovino replied, "That's part of any policing strategy — deterrence — whether it's to deter a shoplifter in a department store or to deter illegal aliens from both coming across the border and/or remaining here."

Bovino pushes back on Gov. Pritzker's claim that agents are targeting "based on race or skin color"

Illinois Governor J.B. Pritzker has condemned the federal operation, accusing agents of targeting individuals "based on race or skin color" and announced a new accountability commission Thursday to gather alleged civil rights abuses by federal agents. Bovino dismissed the governor's comments outright, calling them "the same tired rhetoric" and "fake news."

"Governor Pritzker probably ought to set a hotline up for himself — for all the abuses that illegal aliens perpetrate on American citizens," Bovino said. "Ma and Pa America here in Chicago feel the brunt of illegal aliens," the CBP Chief Patrol agent continued. "He needs to take a look at that rather than worry about the lawful, ethical, legal, and moral conduct of our nation's fantastic federal law enforcement officers."

Bovino also blamed local leaders for "handcuffing" police. "They could do so much more to keep their communities safe, but the problem is they're not allowed," he said. "Mayor Johnson and Governor Pritzker will fire them if they do anything related to immigration enforcement." 

Under Illinois law, local police are prohibited from cooperating with most federal immigration actions, including detaining individuals solely on the basis of immigration status or federal immigration detainers. Local governments in the state are also banned from entering into new contracts with ICE in order to detain immigrants. 

In Chicago, city ordinance prohibits city employees, including Chicago police, from cooperating with federal immigration authorities under most circumstances, banishing them from sharing information about residents' immigration status or assisting in any civil immigration arrests.

National Guard and the Insurrection Act

Bovino also defended the proposed use of the National Guard in Chicago, noting any deployment is for "the protection of the facility and also those detainees that are in the facility as well." The CBP chief of patrol explained that National Guard soldiers would not patrol city streets. "That was fake news … It was never the intention."

Still, Bovino described "absolute chaos in the streets," adding that he supports the president's consideration of invoking the Insurrection Act. "I can understand and fully support what President Trump and Secretary Noem say … I've never seen anything like this, even compared to Los Angeles."

Asked when the mission in Chicago would end, Bovino replied, "When all the illegal aliens utilize the CBP Home app and/or we arrest 'em all."

He rejected concerns from city officials who have told federal agents to "stay out." "They're agenda-driven," he exclaimed. "Inner city residents absolutely love the fact that we are in their neighborhoods arresting illegal aliens, because those are the people that don't have a voice. We've got their back."