alt Hacker Newsfor certain types of tools (and I'd certainly class weapons as this type) you have to assume that a certain number of operators will be, as you put it, "shitty". Whether it's because they're having a bad day, are genuinely incompetent, are malicious, whatever the reason---some percentage of the operators will be using your tool in a way you'd discourage for PR reasons.
Maybe I am too cynical, but I don't think the people making these tools actually care about this either, not beyond the potential for bad publicity.
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There's also the escalation timeline. In a hypothetical situation where nonlethal force is being used, but there's a threat that requires more than a gentle "please don't" type of heating, I don't think we'd want it to be limited. Gentle crowd suppression is great till someone pulls out a gun or knife, and though it's debatable opinion and there are a lot of factors to consider, I think a few collateral 2nd degree burns beats switching to a rifle and opening fire into the crowd.
Since the title is ambiguous, it matters to clarify that it will be deployed on the border with Mexico, which has a long history of abuse and even cold-blooded murder of non-threatening undocumented immigrants. This will be abused, it's only a matter of time.