Judge orders Border Patrol Cmdr. Gregory Bovino to meet with her daily, inform her of non-immigration arrests in Chicago
Border Patrol commander Gregory Bovino appeared in federal court Tuesday, testifying about video showing him throwing tear gas in Little Village and other alleged violations of a temporary restraining order.
Judge Sara Ellis sharply questioned the CBP chief on specific incidents in Little Village, Old Irving Park and Lakeview, as well as his and his agents' overall compliance with the TRO she issued earlier this month.
She also set some new ground rules for him to follow, citing her concerns that the previous ones she ordred were not being followed. Possibly the biggest change was that Judge Ellis ordered Bovino to meet with her in person on a daily basis at 6 p.m. on all weekdays until the next court date on Nov. 5 for a hearing on a preliminary injunction.
Bovino must also inform her of everyone who has been arrested during Operation Midway Blitz for non-immigration-related reasons, starting on Sept. 2 when Operation Midway Blitz began and continuing into the future.
Protesters lined the gates guarding federal court as Bovino arrived to for his testimony. He took the stand wearing his green CBP unform and swore to tell the truth.
Judge Ellis began the 10 a.m. hearing by reflecting on the oaths of office both she and Bovino took, noting they both have sworn to "support and defend and uphold the Constitution," though with slightly different roles. She noted her role is "simply to see that in the enforcement of [validly passed laws by Congress] you and the agents under you are acting in a manner that is consistent with your obligations under the law."
Judge Ellis went through her temporary restraining order line by line, pointing out that maybe it "just isn't clear."
She reminded Bovino that he is obligated to follow guidelines set in a consent decree that remains in force, as well as the TRO that she issued earlier this month.
Elliis' TRO, issued on Oct. 9, bans federal agents from using tear gas on protesters, press or religious leaders unless there's an immediate safety threat.
Bovino did not speak often in court, choosing instead to answer Ellis' questions simply and in a straightforward manner. He testified that finding one place for CBP agents to display identifying information would be difficult because equipment is worn in different places, but agreed when Ellis said they could pick two standard places to make it simpler. He testified the vast majority of agents have body-worn cameras, but he does not. He agreed to bring himself and his agent into compliance with that part of the order by Friday.
Last week, video streamed from Little Village on Facebook Live shows protesters and federal agents clashing. That's when Bovino is seen throwing what appears to be a tear gas canister into the crowd. He claimed he had been hit in the head with something thrown by a person in the crowd; Ellis noted that if he wore a body camera, it would have caught that projectile.
When asked about those clashes, he responded that "it's dependent on the situation" and said "I don't know what other factors were present there."
Judge Ellis appeared particularly concerned with the violations alleged in Old Irving Park, which happened on a residential street in the area of children going to a Halloween parade.
"Your honor, those techniques and tactics can be employed, it's dependent on the situation and what level of force is present there," Bovino testified
"Generally, some guy standing on the side of the street in front of his house or next to his car, most of the time —absent something unusual — is not presenting such a risk that deadly force is appropriate," Ellis countered.
She also noted the impact the incident had on the children.
"Those kids were tear gassed on their way to celebrate Halloween in their local school parking lot," Ellis said. "I can only imagine how terrified they were."
She said Bovino may not be familiar with Chicago's neighborhoods, which he agreed with.
"These kids, their sense of safety was shattered on Saturday," she said. "And it's going to take a long time for that to come back."
Along with the daily meetings, Judge Ellis ordered Bovino to provide her with a chart of everyone who has been arrested during Operation Midway Blitz who has not been arrested for anything immigration-related by Friday.
To clarify, she said she is "not interested in Home Depot arrests," but instead arrests of members of the public that are watching their actions and others who have been arrested by agents.
She required Bovino to provide names, dates of arrest, charges and resolutions. Names will be kept under seal.
Arrests from Sept. 2 through Tuesday are due by Friday. The document can then be updated moving forward, Ellis said.
Judge Ellis has reprimanded federal agents and their leaders several times since she entered the initial restraining order. Less than a week after the restraining order was first issued, she reiterated that all federal agents undertaking immigration enforcement in Illinois and Chicago wear and turn on their body cameras, telling them, "That wasn't a suggestion."
"This was not a suggestion," Ellis said in court on Oct. 17. "It wasn't a hint. It wasn't a topic of discussion or conversation. It was an order. So, I will enter it today and then I will expect that it will be followed."
Bovino has also been ordered, along with the head of U.S. Immigration and Customs enforcement in the Chicago area, to be deposed about CBP's actions and use of force.
Pritzker, Johnson applaud judge's new rules, say more is needed
Illinois Gov. JB Pritzker and Chicago Mayor Brandon Johnson, among Bovino's harshest critics, applauded Judge Ellis' rules and orders Tuesday but said more enforcement and more accountability is needed.
"Bovino is a barbaric individual, and I just hope the this judge provides some level of accountability because that's not what's happening now," Johnson said.
"It has been incredibly gruesome how this administration has executed in this particular season, but it certainly is a start in the right direction," he added.
"The state can't hold them responsible for the breaches of the Constitution," Pritzker said at an event in central Illinois. "We have to rely on the federal judiciary and seemingly they are doing their job, holding them responsible, though more enforcement against them is necessary."
Johnson said he doubts anything Bovino says is the truth and Pritzker said he can count four out of 10 Bill of Rights infractions by Bovino's team.