Watch CBS News

Border Patrol commander Gregory Bovino to appear in court Tuesday amid complaints about federal agents' use of tear gas

U.S. Customs and Border Protection Commander-At-Large Gregory Bovino has been ordered to appear before a federal judge on Tuesday, accused of violating a court order which limited federal agents' use of force during the ongoing immigration enforcement operation in the Chicago area.

Bovino oversees the Border Patrol agents operating under "Operation Midway Blitz," and has been accused of tossing tear gas into a crowd of protesters in the Little Village neighborhood without justification and in violation of a judge's order.

The move to call Bovino into open court to answer questions his actions – and the actions of agents under his command – is an unusual move by U.S. District Judge Sara Ellis.

Normally. this kind of testimony is seen on Capitol Hill in front of a congressional committee.

A video streamed live to Facebook near the discount mall on 26th and Whipple appears to show protesters and Border Patro agents clashing on Thursday.

Bovino, was among the agents on the scene, pulled out a canister of tear gas and tossed it into a crowd before reaching for what appeared to be another canister on his belt.

A group of journalists, protesters, and clergy who have sued the Trump administration over federal immigration agents' aggressive tactics in Chicago claimed Bovino "was apparently the first federal agent to throw a tear gas canister into the crowd."

The plaintiffs have accused Bovino of violating a temporary restraining order Ellis had issued limiting such tactics, arguing he "did not give any audible warnings" before deploying tear gas as he's mandated to do.

Their filing claimed Bovino's actions violated "multiple paragraphs" of the court's Oct. 9 order, which prohibits federal agents from arresting, threatening to arrest or using physical force against journalists or protesters unless there is probable cause to believe the individual has committed a crime.

They also claimed "the crowd was not being violent or committing any crimes" when Bovino tossed the tear gas canister.

Bovino claimed he had been hit in the head with something thrown by someone in the crowd.

The plaintiff's filings also accused another agent of firing a pepper ball into a man's neck from just five feet away. It goes on to claim that another agent pointed a gun at a veteran and mocked him, and that agents were not wearing body cameras or visible identification.

Since their original complaint accusing Bovino and other agents in Little Village of violating the court order, they have filed additional complaints in connection with an incident over the weekend in Old Irving Park.

On Saturday morning, chemical agents were deployed on Kildare Avenue in the Old Irving Park neighborhood. Attorneys said it happened without a warning, which has also been deemed a violation of the temporary restraining order limiting how chemical agents can be used.

The plaintiffs claimed "federal agents unleashed violence, tackling at least three people" including a man – believed to be 70 years old. This escalation happened while kids in the neighborhood were preparing for a Halloween parade, according to the filing.

They argued both incidents violate Ellis' order to use tear gas only if there is an immediate safety threat.

"If there's a real threat at stake, the government can still use these weapons, but they're not hamstrung to do so, but there has to be a real threat," said Alexa Van Brunt, director of the Illinois office of the MacArthur Justice Center.

CBS News Chicago asked Van Brunt what she expects Bovino will be asked at Tuesday's hearing.

"It's really unusual to have those kinds of acts caught on video. So the fact that he'll be testifying in court and likely asked about his direct involvement in this kind of conduct is incredibly unusual," she said.

Ellis also likely will ask Bovino and other representatives of the Trump administration about agents' use of body cameras, and when video from the incidents in Little Village and Old Irving Park might be turned over as evidence.

Under another order from Ellis, Border Patrol agents in Chicago should all have and use body cameras on duty. It's not clear if Ellis or anyone else involved in the lawsuit has seen what those cameras recorded during this operation.

As to the hearing on Tuesday at which Bovino is to appear, CBS News Chicago Legal Analyst Irv Miller said the purpose is unclear.

"Tuesday is, according to what the judge entered, is just a status state — it's not even set for a hearing," Miller said. So that's why I'm not really sure what's going to happen on Tuesday. I mean, I'm not sure what the reasoning is to tell him he has to be there."

Attorneys are now calling for sanctions and tighter oversight of how immigration enforcement is being carried out in Chicago.

View CBS News In
CBS News App Open
Chrome Safari Continue