It’s certainly not Bovino, Noem and higher.

Over the past several months the U.S. President’s seemingly valid promise to close the southern border and to rid the U.S. of illegal aliens who are “killers, rapists, drug dealers and individuals from mental institutions” has evolved into something less defendable. Like him or not, it was tough to argue with the public safety need to deport dangerous criminals back to whence they came. I wish Canada would do the same, but in a more strategic way. Chasing undocumented women through Home Depot and dragging U.S. citizens out of vehicles on Main Street – while clad in mostly civilian attire, screaming profanities and with covered faces, has not worked well for ICE and CBP, in terms of public perception and community trust.

Enforcing these laws is not easy for those agencies, even when acting within their legislative framework and with probable cause. Angry crowds; individuals with far-left anti-government convictions who just want to hijack the agenda and commit violent acts; and the doxing of federal agents to cause threats to them and their families, cause untold stress on and danger to law enforcement. None of that is justified and is most often a crime. 

The public needs to stay out of these operations. If someone interferes with the agents and/or their lawful operations, they should expect to be arrested. Placing cameras in officers faces or trying to obstruct them as they conduct an activity, does nothing but raise the temperature of the operation and will end with the placement of handcuffs. Videoing from afar is different, but some take it to the next level. If they threaten anyone with a weapon of any kind, they should anticipate being shot and perhaps killed. That is reality. 

But at the same time, law enforcement cannot exist without public trust. If the various Department of Homeland Security (DHS) entities that are conducting these operations always acted as per the original strategy and didn’t often violate the rights of people based on the look or colour of so-called “suspects”, as professionally as possible, there would likely not be such an inflammation of the normal American citizen psyche. After all, Trump was elected in part based on his stated “criminal illegal alien” agenda. However, the way his goal was operationalized and the questionable tactics often publicly witnessed has denigrated the trust of many citizens on both sides of the political spectrum.

The most recent loss of life occurred in Minneapolis Minnesota on Saturday January 24th. I won’t pass final judgement on the actions of the agents involved in the shooting death of the U.S. citizen there before the results of a professional and unbiased investigation are released. I was obviously not on the ground with those officers to see and hear all they did from their various positions and angles. 

I have watched all the videos that have been posted, however, and I will say this: “At this point, it does not look good.”

When I was a police commander and received information from the field of a critical incident, the initial information was seldom accurate. In fact, over the hours to follow it changed regularly. I would not make any proactive statement to the media, but if asked, I would simply say that we had the proper resources on the ground and I would await verified information, etc. If it was an officer involved shooting or chase that involved injuries or death, I would follow the protocol of the mandatory independent investigation, and would generally say: “It’s undoubtedly a tragic situation, and my thoughts are with the involved officers, citizens and their families, but it is an ongoing investigation and I cannot provide any more information than that.”

But what is the DHS leadership saying? What are elected officials saying? Some have already defended the agents and others – like the Governor, are damning them. 

Within hours of the shooting CBP Commander Greg Bovino publicly defended the actions of the officers, saying that the deceased man had been armed and that the suspect intended to “do maximum damage and massacre law enforcement.” Yes, he was armed, according to local police, but lawfully licensed to do so according to the 2nd Amendment that many Americans treasure. Regardless, it is not clear in any video so far that the man held anything but a camera in his hand when brought to the ground, and Bovino himself could not bring any clarity to his early statement when asked by the press on Sunday morning. He simply fell back to letting the investigation run its course. Sorry Greg, you’re a day late and a dollar short on that one. 

Then DHS Secretary Kristi Noem told the media, “This looks like a situation where an individual arrived at the scene to inflict maximum damage on individuals and to kill law enforcement.” She acts like the deceased man brandished a gun and threatened the officers. Trump administration officials then called the dead man a “would-be assassin.” If that was the case, being shot and killed should have been the expectation, but are we seeing that? Not so far. 

How does any of that banter from so-called leaders lend itself to public confidence for an independent investigation that they can trust? True ‘leadership’ involves doing what is right for the people you serve first and foremost, closely followed by the people you lead. These comments do not exhibit leadership at all. 

ICE and CBP normally operate in enforcement environments at or near (within a hundred miles of) international border points. They absolutely make dangerous arrests at times. But are they selected and trained to operate within the urban environments we are currently witnessing? Perhaps to a degree, but DHS has hired thousands of agents this past year who have received abbreviated training. That’s never a good thing from organizational and officer risk perspectives. I’m not saying normal ICE/CBP agents aren’t as trained and capable as local and state police officers. I’ve known many and they were wonderful officers, but their basic training cannot be the same. Their operating environments may overlap but are generally different. Similarly, most local cops aren’t trained in border enforcement and immigration laws and practices either.

In the Minneapolis situation, local police are not supporting the operational activities of the federal agents. The Chief of Police and Mayor are both publicly opposed. Support by local police should be a given – not for random stops of people that look Hispanic and yelling demands for proof of citizenship, but during valid probable cause arrests and the execution of warrants. To stand and watch DHS officers who are unprofessionally targeting innocent U.S. citizens – including off duty local police officers of colour, comes with a loss of public trust as well as ethical and civil liability conflicts. However, I do believe it is the duty of local police to protect DHS agents who are being attacked in the street. 

DHS should put an immediate halt on any operational activities outside of international border points and pull back from municipalities. Municipal and state police leaders across the country must put their heads together with DHS officials and sort out who does what and how, very quickly. The need to clarify the roles, responsibilities and rules of engagement for their agencies and their people on the street. By being intelligence-led; conducting thorough investigations; working cooperatively and professionally through their varying legislative authorities as they search for and arrest undocumented criminals, they may be able to restore some level of public trust. This cannot continue as is.

CBP’s Greg Bovino gave a passionate speech on Sunday afternoon where he spoke of “choices” made by protestors, politicians and the media. It was apparent that he was passing blame on everyone but the DHS in this debacle. Undoubtedly there have been poor choices by many but come on, man. You, the DHS Secretary and your ICE counterpart need to make the “choice” to pause, reflect, regroup and strategize for the good of the people you serve, the American people. Then your President needs to make the right choice and support the change.