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Chicago, IL – A federal judge’s uncommon order demanding daily check-ins from a top U.S. Customs and Border Patrol commander has been temporarily halted by an appeals court. The ruling emerged from the ongoing legal battles surrounding the Trump administration’s “Operation Midway Blitz” in Chicago.
U.S. District Court Judge Sara Ellis had ordered Greg Bovino, commander-at-large for U.S.
Customs and Border Patrol, to appear in her courtroom each weekday at approximately 6 p.m. to provide updates on immigration enforcement activities. This directive was aimed at ensuring compliance with a temporary restraining order (TRO) that places restrictions on federal agents’ use of force, particularly in crowd-control tactics.
The Department of Justice (DOJ) swiftly appealed Judge Ellis’s order on Wednesday, just hours before Bovino was scheduled for his first check-in. In its petition to the 7th Circuit Court of Appeals, the DOJ contended that the district court had overstepped its authority, requesting an immediate pause and eventual revocation of the order.
According to the DOJ, Judge Ellis’s Tuesday order “only underscores the extent to which the district court has exceeded its judicial role by arrogating to itself the role of supervising and micromanaging the day-to-day operations of an Executive Branch law-enforcement agency.”
The judge’s original order for daily appearances came after Bovino testified on Tuesday in a lawsuit concerning immigration enforcement tactics in Chicago. That hearing was convened to address a request from plaintiffs to prohibit federal agents from using tear gas in the city, following allegations of multiple violations of the existing TRO. The TRO specifically limits the use of force against journalists and demonstrators, as well as the deployment of riot control measures like tear gas.
In addition to the daily reporting requirement for Bovino, Judge Ellis also mandated that the government produce all use-of-force reports and corresponding body camera footage dating back to the operation’s commencement on September 2, with a deadline of Friday.
The appeals court’s decision granted the government’s motion for a stay, but only “to the extent it required Gregory Bovino to appear in court, in person, each weekday at 5:45 PM.”
This is a developing story, and we will provide further updates as they become available.