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Federal Agents’ Repeated Violations of Less‑Lethal Weapon Policies Spark Legal Scrutiny

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Freelance journalist struck by pepper‑ball gun in Chicago protest – Leigh Kunkel was hit from about twenty feet away on Sept 26 while crouched behind a van; the projectile caused a bleeding nose and could have caused eye loss, violating federal and local use‑of‑force rules [1].

CNN review finds systematic breaches of crowd‑control guidelines – Analysis of more than two dozen videos shows agents routinely firing chemical sprays and less‑lethal projectiles at heads, faces and children without a clear safety threat, contravening both federal policies and stricter municipal standards [1].

Former officials and scholars condemn agents’ tactics – Ex‑CBP commissioner Gil Kerlikowske said agents “violated every protocol,” while criminology professor Michael Smith called the behavior “poorly trained, poorly supervised” and a product of leadership messages; former CBP chief Chris Magnus added that “the rules just don’t apply” in these operations [1].

Hennepin County opens criminal probe into 17 alleged abuses – County Attorney Mary Moriarty announced on March 2 a investigation covering incidents such as a Jan 21 gas‑canister toss by then‑CBP commander Gregory Bovino, marking the latest legal challenge to federal conduct [2].

DHS defends force use, cites training and rising assaults – The department’s statement asserts agents are “highly trained in de‑escalation” and that force was necessary amid a “campaign of violence” by “dangerous rioters,” framing protesters as committing felonies if they impede officers [4].

Court orders and lawsuits aim to curb federal force in cities – Temporary injunctions in Chicago and Los Angeles restrict chemical munitions; the city of Chicago and Illinois Attorney General have filed suits to limit ICE and CBP use‑of‑force, while Minneapolis creates a portal for residents to report unlawful agent behavior [1].

  • Gil Kerlikowske, former CBP commissioner – “They have violated every protocol on less‑lethal (weapons) and crowd control… Not making an announcement to disperse, body‑slamming people to the ground… they’re supposed to de‑escalate, and they don’t.”
  • Michael Smith, former police officer and UT‑San Antonio criminology professor – “This is not a one‑off or a two‑off… federal agents are poorly trained, that they are poorly supervised, and that their agency and leadership have sent a message… these kinds of actions are acceptable.”
  • Rohini Haar, medical adviser for Physicians for Human Rights – “There’s significant harms from these weapons, especially when they’re misused or overused.”
  • Chris Magnus, former CBP commissioner – “It’s no‑holds barred. You do whatever you think you need to do… the rules just don’t apply.”
  • U.S. Department of Homeland Security (DHS) spokesperson – “The First Amendment protects speech and peaceful assembly – not rioting… Anybody who lays a hand on our officers or tries to obstruct them is committing a felony and a federal crime.”

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