Top Border Patrol official accused of violating judge’s use-of-force order by throwing tear gas at Chicago protesters
By Amanda Musa, Hanna Park, CNN
(CNN) — Senior Border Patrol official Gregory Bovino is accused of throwing at least one tear gas canister into a crowd of protesters in a Chicago neighborhood Thursday in a potential violation of a judge’s order restricting federal agents from using aggressive crowd control tactics during anti-ICE protests.
A new court filing against the Department of Homeland Security alleges Bovino “apparently threw tear gas into a crowd without justification” during a protest against federal immigration authorities in Chicago’s Little Village neighborhood.
The notice of alleged violation was filed by a combination of media groups, individual protesters and Chicago-area clergy members who earlier this month obtained a temporary restraining order from US District Judge Sara Ellis after suing DHS and Trump officials over federal agents’ tactics against protesters. Ellis was appointed by former President Barack Obama.
Bovino, 55, has emerged as the on-the-ground face of President Donald Trump’s effort to surge federal law enforcement into Democratic-led states and cities regardless of whether local officials want them there.
The new court filing cites a Facebook video post that shows Bovino throw an object toward protesters Thursday morning. The video, which CNN has viewed, does not show clearly what happened in the minutes leading up to the alleged incident or if any warnings were given.
“Defendant Bovino appears to throw either one or two tear gas canisters over the heads of armed federal agents in front of him and in the direction of a crowd of individuals protesting, including an individual filming the encounter,” the filing from Thursday states.
Ellis’ sweeping order restricts agents’ crowd control tactics, use of force and actions against journalists and others at protests in Chicago, but it includes exceptions for individuals who pose a threat to law enforcement or others. During a hearing last week, she said she had concerns about whether her order was being followed.
Bovino is one of more than a dozen administration officials named as defendants in the lawsuit filed earlier this month, which accuses federal agents of “a pattern of extreme brutality” intended to “silence the press and civilians.”
“Riot control measures were deployed, including by Bovino, and arrests were made. Agents properly used their training,” DHS said in a Friday post on X. “The use of chemical munitions was conducted in full accordance with CBP policy and was necessary to ensure the safety of both law enforcement and the public.”
Hours before the court filing alleging a possible violation of the judge’s order, Bovino defended federal agents’ conduct in the Chicago area during an interview with CBS News.
“The use of force I’ve seen has been exemplary. By exemplary, I would say the least amount of force necessary to accomplish the mission,” Bovino said, in response to attacks he’s seen carried out on federal agents by “extremists and others.”
Protests in Chicago have ramped up since federal agents were deployed on the city’s streets early September during what the Trump administration has titled “Operation Midway Blitz,” a targeted crackdown on illegal immigration that has led to over 1,000 arrests.
Federal agents’ response to the demonstrations has drawn widespread outcry, notably when an area pastor was seen on video being shot in the head with pepper balls by officers perched on the roof of the Broadview ICE facility near Chicago.
On Thursday, Bovino insisted such tactics do not necessarily violate DHS policy, telling CBS: “If someone strays into a pepper ball, then that’s on them. Don’t protest, and don’t trespass.”
Ellis has ordered Bovino be deposed in the case and a preliminary injunction hearing is set for November 5. On Thursday, the court expanded Bovino’s deposition time to five hours.
Bovino, who formally heads Border Patrol’s El Centro sector in California, has been leading the federal crackdown in Chicago after helming similar operations in Los Angeles earlier this year.
His heavy-handed tactics, including immigration sweeps in parking lots and smashing car windows, have fueled consternation among some in the Trump administration while also garnering praise from senior Homeland Security officials.
On Thursday, Illinois Gov. JB Pritzker announced the creation of the Illinois Accountability Commission “to pursue accountability for the people of Illinois,” amid the surge in federal immigration enforcement in his state.
The commission is charged with creating a public record of federal enforcement abuses, capturing the impact of the enforcements on families and communities in Illinois, and recommending actions to “prevent further harm and to pursue justice,” Pritzker said.
Criticism over federal authorities’ tactics in Chicago comes amid the broader legal battle over Trump’s push to deploy National Guard troops in the city.
On Wednesday, US District Court Judge April Perry ordered an extension of the order blocking the deployment of Guard troops to Chicago through final judgment. The Trump administration is urging the Supreme Court to allow the deployment.
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