In a significant development, Border Patrol Commander Gregory Bovino will not be required to appear before a federal judge in Chicago on Wednesday evening. This decision follows a ruling by a federal appeals court that halted an order mandating Bovino to provide daily court briefings regarding his agents’ immigration enforcement tactics in the Chicago area.
The surprising order from the appeals court came just hours before Bovino was scheduled to brief U.S. District Judge Sara Ellis. Judge Ellis had previously instructed him to appear in court every weekday for the next week as she reviews allegations that federal agents were not adhering to her early October directive. This directive aimed to limit aggressive enforcement tactics and required law enforcement to provide warnings to both protesters and journalists before deploying tear gas and less-lethal munitions.
The Trump administration swiftly sought intervention from a federal appeals court to pause Judge Ellis’ order. In a ruling issued on Wednesday afternoon, the Seventh Circuit Court of Appeals granted this request, relieving Bovino of his obligation to appear in court that day. The appeals court ruling is designed to allow time for a thorough review of the administration’s request to overturn Ellis’ order completely.
The Department of Homeland Security (DHS) expressed its satisfaction with the appeals court’s decision, labeling it a necessary pause on what they termed “judicial overreach.” It remains uncertain whether Bovino will be required to appear in court on Thursday. Attorneys from the Department of Justice argued before the appeals court that Ellis’ requirement “significantly interferes” with the executive function of enforcing the nation’s immigration laws. They contended that forcing a senior executive official like Bovino to attend daily briefings would cause “irreparable harm to the government.”
As the Trump administration conducts targeted immigration enforcement operations across major U.S. cities, Commander Bovino has become a key figure in the Chicago initiative known as “Operation Midway Blitz.” Since its inception in September, this operation has resulted in over 3,000 arrests, according to DHS reports. However, it has also sparked ongoing protests outside the Immigration and Customs Enforcement (ICE) facility in Broadview, just outside of Chicago.
While federal agents assert that increased protest activity has necessitated heightened crowd control measures, demonstrators claim that the agents’ responses are often excessive. Earlier this month, a coalition of protesters, local journalists, and clergy filed a lawsuit against the Trump administration, accusing federal agents of using pepper balls and tear gas against demonstrators without warning, and unlawfully restricting press access.
Before the appeals court ruling, Commander Bovino expressed to Fox News his readiness to comply with the judge’s requests. “If she wants to meet with me every day, then she’s gonna have a very good firsthand look at just how bad things really are on the streets of Chicago,” Bovino stated during his appearance on Fox’s “The Faulkner Focus.” He emphasized his eagerness to meet with the judge to discuss the extreme violence faced by law enforcement in the area.
During a Tuesday hearing, Bovino faced scrutiny after plaintiffs accused him of recklessly deploying a tear gas canister into a crowd without justification. The DHS has firmly denied these allegations. Judge Ellis issued a restraining order applicable to the entire Northern District of Illinois, prohibiting federal agents from using tear gas and less-lethal munitions on protesters unless there is an “immediate threat to safety.” Furthermore, she mandated that clear warnings must precede the use of such force.
Concerns were raised by Judge Ellis regarding the compliance with her order, as she referenced videos depicting federal agents seemingly firing gas without notice. Although Bovino refrained from commenting on specific incidents, he may be directly questioned during a deposition that the judge has permitted the plaintiffs' attorneys to conduct on Thursday.
To ensure compliance with her order, Judge Ellis provided guidance for agents, including the use of body cameras to document interactions, wearing visible identification, and issuing clear warnings before deploying gas. She has also mandated that all use-of-force reports and body camera footage related to Operation Midway Blitz from September 2 through the previous Saturday be submitted to the court under seal by the end of the week. A hearing to determine whether to convert the temporary restraining order into a longer-lasting preliminary injunction is scheduled for next week.
Stay tuned for further updates on this developing story.
