A federal judge made a significant statement last week by summoning top U.S. Border Patrol commander Gregory Bovino into her courtroom in downtown Chicago. Bovino arrived approximately an hour before his scheduled appearance at the U.S. District Court presided over by Judge Sara Ellis. This move came in response to numerous complaints indicating that Bovino and other federal agents allegedly violated the judge's orders concerning the use of tear gas and other riot control weapons throughout the city.
Shortly after 10 a.m., Bovino took the stand in a hearing that has garnered considerable attention. On the eve of his appearance, attorneys for the plaintiffs had formally requested Judge Ellis to impose a complete ban on the use of tear gas by federal agents until a ruling is made on their request for a preliminary injunction. Attorney Steve Art expressed in court documents that the Trump administration is “plainly in contempt, and sanctions are warranted.” He emphasized, “Something must be done,” highlighting the urgent need for judicial intervention.
A spokesperson for the Department of Homeland Security (DHS) remarked that they believe there is “nobody better to correct Judge Ellis’ deep misconceptions” than Bovino. This statement comes amid claims made in court filings that Bovino had made disparaging comments about the judge to a reporter. According to the filing, he allegedly asked the reporter, “Did Judge Ellis get hit in the head by a rock like I did this morning?” He further commented, “Maybe she needs to see what that’s like before she gives an order like that.”
Should Judge Ellis express dissatisfaction with Bovino's conduct, she has several options at her disposal, including potential findings of contempt or sanctions such as prohibiting the use of tear gas. However, during a separate proceeding last week, the judge appeared less confrontational when questioning two lower-ranking officials. The judge's decision to call Bovino to her courtroom sets the stage for further hearings regarding the federal government’s use of force during the aggressive deportation campaign known as “Operation Midway Blitz.”
The lawsuit in question concerns the treatment of protesters during this campaign and has been initiated by several media organizations, including the Chicago Headline Club, Block Club Chicago, and the Chicago Newspaper Guild, which represents journalists from the Chicago Sun-Times. The ongoing case has already led to orders prohibiting agents from using gas and other riot control measures without issuing at least two warnings or against individuals who do not pose an immediate threat. Furthermore, the judge mandated that agents equipped with body-worn cameras activate them during enforcement activities.
Judge Ellis indicated that the plaintiffs' lawyers would have the opportunity to depose Bovino under oath for two hours behind closed doors, with the deposition scheduled for Wednesday. This proceeding is distinct from the hearing set for Tuesday. During the deposition, the judge instructed that the questioning should focus solely on “how” federal officers enforce immigration laws and whether they violate individuals' constitutional rights, explicitly stating that the lawyers should not inquire about “why” Chicago is a target for the immigration campaign.
However, in a surprising turn of events, the judge later extended the time limits for Bovino's deposition from two hours to five hours. This decision came shortly after attorneys accused Bovino of breaching one of her prior orders by deploying tear gas into a crowd in Little Village without justification. The following day, Judge Ellis ordered the Trump administration to “produce Defendant Gregory Bovino, in person,” for the upcoming hearing.
DHS Assistant Secretary Tricia McLaughlin stated that Bovino had participated in the deployment of riot control measures after the crowd allegedly became hostile and began throwing rocks at agents, including one that struck Bovino in the head. McLaughlin further asserted that Border Patrol agents had issued multiple warnings to the crowd prior to the deployment of tear gas. However, the plaintiffs’ lawyers vehemently countered these claims, stating in a court filing that “the statement is a lie.” They argued that the crowd in Little Village was peaceful when Bovino initiated the conflict by launching tear gas canisters without first issuing any warnings or dispersal orders.
In additional legal filings, the plaintiffs’ lawyers reported that agents deployed multiple canisters of tear gas in Lake View without warning. They also highlighted that agents were not wearing identifying numbers or badges as mandated by Judge Ellis’ previous order. Furthermore, the lawyers recounted an incident in Old Irving Park where federal agents allegedly tackled three individuals, including a 70-year-old man, without justification. They described the situation as terrifying for local residents, particularly as children were preparing for a Halloween parade, with families in their pajamas witnessing the events unfold outside their homes.
The plaintiffs asserted that this experience was distressing for the community, emphasizing the need for accountability and adherence to legal standards in law enforcement practices.
