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Federal Judge Orders Border Patrol Chief to Report Daily After Tear Gas Allegations

Judge orders Bovino
U.S. Border Patrol El Centro sector, center, walks with federal immigration agents near an Immigration and Customs Enforcement facility in Broadview (AP Photo/Erin Hooley)

A federal judge in Chicago has ordered Border Patrol Commander Gregory Bovino to appear in court every weekday to provide updates on any confrontations between his officers and the public, following a series of allegations that agents have used tear gas and excessive force in city neighborhoods.

During an intense hearing on Tuesday, U.S. District Judge Sara Ellis sharply questioned Bovino about his leadership during “Operation Midway Blitz,” a federal immigration enforcement initiative launched nearly two months ago. Ellis said she was deeply disturbed by reports that agents deployed tear gas during a weekend altercation in the Old Irving Park neighborhood, where children were preparing for a Halloween parade.

“These kids, you can imagine, their sense of safety was shattered,” Ellis told Bovino. “That’s not how any of us want to live. I know you wouldn’t want to live that way.” The judge ordered Bovino, a 30-year Border Patrol veteran, to personally wear a body camera and submit all use-of-force reports and footage to her office each day until at least November 5, when a hearing on a possible injunction is scheduled.

Judge orders Border Patrol boss Bovino to court daily to report use of force. (Zubaer Khan/Sun-Times)

Ellis criticized recent incidents in which agents allegedly used tear gas and pepper spray on residents and journalists. “If they are doing their job, they have to be left alone,” she said, referring to reporters covering the raids. The judge reminded Bovino that tear gas may not be used on individuals who pose no immediate danger to law enforcement.

Bovino, dressed in his green Border Patrol uniform, largely remained quiet during the hearing, responding to the judge with “Yes, ma’am.” When asked about specific actions taken by agents, he said, “Each situation is dependent on the situation,” declining to comment on individual use-of-force incidents without reviewing all the facts.

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A federal agent throws a tear gas canister during clashes with community members on Chicago’s South Side on Oct. 14. (Jim Vondruska / Reuters)

Judge Ellis also questioned Bovino about body camera use among agents. While most officers have them, Bovino admitted he does not. Ellis instructed him to obtain one by Friday, saying, “You’re in charge of this operation. I suspect that if you ask for a body camera, you could probably get one.”

The hearing followed complaints from journalists and residents accusing agents of indiscriminate violence and defiance of a temporary restraining order that restricted the use of tear gas and required visible identification on uniforms. After leaving the Dirksen U.S. Courthouse, Bovino was surrounded by armed agents as protesters shouted at him. One officer was seen carrying a tear gas canister before the team drove away.

Despite the controversy, Bovino has defended his actions, claiming that tear gas was used only after officers were attacked with objects, including a rock. Ellis, however, made clear that such tactics would be closely scrutinized. “I don’t know that we are going to see a whole lot of tear gas being deployed over the next week,” she said.

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