A federal judge in Chicago has ordered U.S. Border Patrol commander Gregory Bovino to attend a hearing in her courtroom next week, after he was accused of violating a temporary restraining order limiting federal agents' use of certain tactics to suppress protests or prevent media coverage of immigration enforcement operations in Illinois.
U.S. District Court Judge Sara Ellis ordered the Trump administration to produce Bovino for a hearing in her courtroom on Tuesday. She has repeatedly raised concerns about federal agents' aggressive tactics while carrying out immigration enforcement operations in Chicago.
CBS News Chicago is reaching out to the Department of Homeland Security for a response to Ellis' order for Bovino to appear in court.
Ellis had previously ordered Bovino to sit for a deposition with attorneys in the case, which would happen behind closed doors, but now must appear in person in open court in front of the judge.
On Thursday, a group of journalists, protesters, and clergy who had sued the Trump administration accused Bovino of violating a temporary restraining order Ellis had issued limiting such tactics. In their complaint, the plaintiffs cited video showing Bovino throwing at least one canister of tear gas during a confrontation between federal agents and protesters in Chicago's Little Village neighborhood.
The video, which was streamed live to Facebook, was taken near the Discount Mall at 26th and Whipple on the Southwest Side. Protesters and residents confronted CBP tactical agents as they tried to conduct immigration enforcement at that site.
In the video, Bovino can be seen in uniform, but no headgear, pulling out a canister of tear gas and tossing it into the crowd of protesters over the heads of other agents. As the camera begins to move away, he can be seen pulling another canister of tear gas off his belt.
The CBS Confirmed team has reviewed the video and verified that it shows Bovino at the site of the Little Village confrontation today.
In their filing, the plaintiffs include a screenshot from the same video, and say it shows Bovino 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 plaintiffs argue this violates "multiple paragraphs" of the court's Oct. 9 order, which prohibits federal agents from arresting, threatening to arrest or using physical force against journalists unless there is probable cause to believe the individual has committed a crime. It also prohibits them from issuing crowd dispersal orders, without exigent circumstances, requiring people to leave a public place where they otherwise have a lawful right to be.
The order also prohibits federal agencies from using various types of riot control weapons, including tear gas and other kinds of noxious gas, as well as various kinds of "less-lethal" weapons and ammunition, unless there is an immediate safety threat.
On Thursday afternoon, Bovino talked with CBS News about Operation Midway Blitz, and defended his agency's tactics, saying federal agents in Chicago have made nearly 2,700 arrests since Sept. 6 and used "exemplary" force amid what he called "absolute chaos in the streets."
"We've arrested a lot of very bad individuals: Latin Kings members, bona fide terrorists, and things like that," Bovino told CBS News.
Border Patrol commander Gregory Bovino ordered to testify in court
Border Patrol commander Gregory Bovino ordered to testify in court
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