Border Patrol commander Gregory Bovino testifies on enforcement tactics video of him throwing tear gas

Border Patrol commander Gregory Bovino appeared in federal court Tuesday, testifying about video showing him throwing tear gas in Little Village and other alleged violations of a temporary restraining order.

A judge went on to order Bovino to inform her of everyone who has been arrested during Operation Midway Blitz for non-immigration-related reasons. She also ordered him to appear for meetings with her daily.

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The TRO was issued by Judge Sara Ellis on Oct. 9 and bans federal agents from using tear gas on protesters, press or religious leaders unless there’s an immediate safety threat.

Last week, video streamed from Little Village on Facebook Live shows protesters and federal agents clashing. That’s when Bovino is seen throwing what appears to be a tear gas canister into the crowd.

Judge Ellis began the 10 a.m. hearing by reflecting on the oaths of office both she and Bovino took, noting they both have sworn to “support and defend and uphold the Constitution,” though with slightly different roles. She noted her role is “simply to see that in the enforcement of [validly passed laws by Congress] you and the agents under you are acting in a manner that is consistent with your obligations under the law.”

She then reminded Bovino that he is obligated to follow guidelines set in a consent decree that remains in force, as well as the TRO that she issued earlier this month. 

She then started to go over the restraining order, saying it’s possible what she’s seen from CBP is a result of one of three things: that the order isn’t clear, that nobody ever read the order (“Which I don’t think happened,” she added), or that “folks read it, understood it, and actively decided not to abide by it.”

“I know option number three is something that just wouldn’t…” she said, trailing off. “So it must be that it’s just option one.”

Judge Ellis on Tuesday ordered Bovino to meet with her daily at 4:30 p.m. until a Nov. 5 preliminary injunction hearing to find out how the day went. The meetings must be in person. 

Judge Ellis ordered Bovino to provide her with a chart of everyone who has been arrested during Operation Midway Blitz who has not been arrested for anything immigration-related by Friday.

To clarify, she said she is “not interested in Home Depot arrests,” but instead arrests of members of the public that are watching their actions and others who have been arrested by agents. 

She required Bovino to provide names, dates of arrest, charges and resolutions. Names will be kept under seal.

Arrests from Sept. 2 through Tuesday are due by Friday. The document can then be updated moving forward, Ellis said.

A group of journalists, protesters, and clergy who have sued the Trump administration over federal immigration agents’ aggressive tactics in Chicago claimed Bovino “was apparently the first federal agent to throw a tear gas canister into the crowd” without issuing a warning or the crowd being violent.

Then, over the weekend, the plaintiffs say federal agents in Old Irving Park tackled several people, including a 70-year-old man.

The plaintiffs argue both incidents violate Judge Ellis’ order and now she wants answers.

“It’s really unusual to have those kinds of acts caught on video, so the fact that he’ll be testifying in court and likely asked about his direct involvement in this kind of conduct is incredibly unusual,” said Alexa Van Brunt, the director of the Illinois Office of the McArthur Justice Foundation.

Judge Ellis has reprimanded federal agents and their leaders several times since she entered the initial restraining order. Less than a week after the restraining order was first issued, she reiterated that all federal agents undertaking immigration enforcement in Illinois and Chicago wear and turn on their body cameras, telling them, “That wasn’t a suggestion.”

“This was not a suggestion,” Ellis said in court on Oct. 17. “It wasn’t a hint. It wasn’t a topic of discussion or conversation. It was an order. So, I will enter it today and then I will expect that it will be followed.” 

Bovino has also been ordered, along with the head of U.S. Immigration and Customs enforcement in the Chicago area, to be deposed about CBP’s actions and use of force. Judge Ellis changed that order to testimony in open court last week, instead of sitting for a deposition behind closed doors.

Tuesday’s hearing was a status hearing, but it could open the door to more legal action if Judge Ellis finds her order was ignored. 

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