A Chicago judge rebuked US Border Patrol Commander-at-Large Gregory Bovino on Tuesday after several of his agents over the weekend deployed tear gas in a neighborhood where local children were preparing for a Halloween parade—in violation of a previous court order barring the use of the chemical unless federal officers are in immediate danger.
During a court appearance, Bovine was dressed down by US District Court Judge Sara Ellis, who said Border Patrol agents had violated her earlier restraining order that barred US Department of Homeland Security officials from using riot control weapons “on members of the press, protestors, or religious practitioners who are not posing an immediate threat to the safety of a law enforcement officer or others."
As reported by Heather Cherone, a politics reporter at local Chicago news station WTTW, Ellis grilled Bovine about multiple uses of force by federal immigration agents in recent weeks.
First, Ellis asked Bovine to comment on allegations filed in her court last week about federal immigration agents pointing a gun at a man who was peacefully protesting against their actions while standing on the side of a public street.
Bovine replied that he did not know the specific details of that incident, which Ellis said violated her earlier restraining order "on its face."
Next, Ellis described video footage taken last weekend in the neighborhood of Old Irving Park showing federal immigration agents placing a US citizen in a chokehold after he had approached agents and asked them what they were doing. In this case, Bovino acknowledged that this action as described would not be an appropriate use of force.
Finally, Ellis asked Bovino about the tear gas deployed in Old Irving Park as families were preparing for an annual children’s Halloween parade. The Border Patrol agents' use of the chemical appeared impossible to justify, said Elliis, given all known facts.
"These kids, you can imagine, their sense of safety was shattered," Ellis said, referring to children in the neighborhood. "It is going to take a long time to come back, if ever."
According to Chicago Tribune reporter Jason Meisner, Ellis also told Bovino that kids should feel they're able to go to local Halloween events without having to "worry about getting tear-gassed."
"That’s not how any of us want to live," Ellis emphasized. "I know you wouldn’t want to live that way."
The federal immigration operation in Old Irving Park on Saturday targeted a man named Luis Villegas, an undocumented immigrant who was working in the area and who, according to his brother, was brought to the US when he was four years old.
Agents detained two other people in the neighborhood in addition to Villegas, and deployed tear gas after several neighbors came out of their homes to yell at the officers, film them, and demand that they leave the neighborhood. A former Cook County prosecutor who lives in Old Irving Park and witnessed Villegas' arrest told reporters that the agents were never under any threat.
Ellis ordered Bovino to appear in her courtroom every single day going forward to recap his agents’ actions in the district, according to Cherone.
She also demanded that Bovino ensure that every one of his officers is equipped with a body camera, and to submit all reports on use of force incidents and corresponding body camera footage by Friday.
A hearing on whether to make permanent Ellis' restraining order which strictly limits the use of riot control munitions has been set for November 5, according to Cherone.
