Additional Coverage:
- Border Patrol’s Bovino to face questioning after accusations of continued tear gas use in Chicago (nbcnews.com)
Tensions Flare as Border Patrol Chief Ordered to Appear in Chicago Federal Court
CHICAGO, IL – The simmering friction between immigration officials and Chicago-area residents is set to reach a boiling point on Tuesday, as top U.S. Border Patrol official Gregory Bovino has been ordered by a federal judge to personally appear in court. This directive follows a series of incidents where Bovino and other agents were captured on video and in photos deploying chemical agents in various residential neighborhoods across the city.
U.S. District Judge Sara Ellis issued a temporary restraining order on October 6, mandating that immigration authorities refrain from using such tactics unless they are under direct threat, particularly in areas where the general public could be affected. The order also stipulated that Immigration and Customs Enforcement (ICE) and Border Patrol agents must wear and activate body cameras during interactions with the public.
However, subsequent events have fueled the controversy. Following Judge Ellis’s order, Bovino was reportedly seen in widely circulated videos and photos throwing what appeared to be a tear gas canister into a crowd during an operation in Chicago’s heavily Latino Little Village area last week. Over the weekend, further videos emerged depicting agents deploying chemical agents after operations in the suburban Old Irving Park and Addison neighborhoods, areas generally considered calmer within the city.
Bovino, who serves as the Border Patrol sector chief overseeing operations in Chicago and previously in Los Angeles, along with other Customs and Border Protection officials, have defended these actions. They argue that agents were under threat and, therefore, not in violation of the judge’s order. These claims, however, have been contested by witnesses who assert they received no warning before the use of tear gas.
New court filings on Monday included affidavits from Old Irving Park residents who described hearing loud noises while engaging in daily routines, such as getting out of the shower or preparing children for a Halloween parade. Brian Kolp, a resident, stated in a court declaration, “I told the agents to get off of my property.
Other neighbors came out to protest the agents and told them to get out of our neighborhood. Neighbors blew whistles.
Although my neighbors protested vigorously, I never saw any of them do anything violent or threatening to the officers.”
Kolp continued, describing the agents’ aggressive demeanor: “The agents handcuffed the man they had tackled on my lawn and pulled him into a car. The agents were extremely aggressive with my neighbors.
I saw them tackle at least three people, including one of my neighbors, who is approximately 70 years old. Suddenly, I noticed tear gas being used down the street.
I heard no audible warning or order of any kind before the tear gas was used.”
Regarding the Little Village incident where Bovino was seen throwing a canister, the Department of Homeland Security (DHS) stated he acted in response to hostility from protesters, claiming a rock was thrown at his head. A DHS statement last week also alleged that “rioters…shot at agents with commercial artillery shell fireworks” and that an unruly crowd was repeatedly warned to step back.
Plaintiffs’ attorneys vehemently disputed this in a court filing on Sunday, stating, “The statement is a lie.” They further contended that the DHS statement aligns with a pattern of “the government is inventing exigencies that do not exist to justify its actions. Second, the government is perpetrating extreme violence against peaceful and innocent American civilians in order to provoke a reaction that the government then uses as an after-the-fact justification for the violence it has already used.”
DHS spokeswoman Tricia McLaughlin reiterated on Monday, “Chief Bovino was hit in the head by a rock, thankfully he was wearing a ballistic helmet which prevented what could have been deadly injury.”
Court filings also referenced a translated comment Bovino made to a Telemundo reporter after the Little Village exchange: “‘Did Judge Ellis get hit in the head by a rock like I did this morning?’ Defendant Bovino continues saying something like, ‘maybe she needs to see what that’s like before she gives an order like that.'” Plaintiffs’ attorneys cited these comments to argue that the agency was deliberately disregarding a judicial order, asserting that DHS operations intensified after Judge Ellis’s warning.
Another individual present during the Little Village incident, Chris Gentry, declared to the court that a federal immigration agent pointed a gun at him and uttered, “Bang bang” and “you’re dead liberal.”
DHS officials have indicated their intention to present their perspective on the events, including the challenges of managing hostile crowds. McLaughlin concluded in a statement, “We look forward to the American public viewing the footage. DHS can think of nobody better to correct Judge Ellis’s deep misconceptions about its mission than Chief Greg Bovino, and we thank him for his service.”