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Border Patrol Chief Gregory Bovino will be required to appear before a federal judge daily, supply her with use of force reports and ensure that every Border Patrol agent in Chicago is wearing a body camera, under new orders announced by Federal Judge Sara Ellis Tuesday. Ellis made those demands at the end of a nearly two-hour hearing in which she questioned Bovino about the actions of his federal immigration agents — who have been here since early September as part of Operation Midway Blitz, an increased immigration enforcement mission. During the hearing, Ellis reiterated that she has concerns that her temporary restraining order isn't being followed. She issued that October 9th order which bars federal immigration agents from using chemical agents like tear gas or pepper spray on protesters, clergy or journalists who aren't posing a threat. Attorneys representing the protesters, clergy and journalists are suing the Trump administration — alleging that the use of chemicals on them has been excessive and violates that Constitutional rights. In recent hearings, and again on Tuesday, Ellis has cited specific examples where she believed her order wasn't being followed. They've included an October 12 incident in Albany Park where a can of tear gas was used during an immigration enforcement arrest. And another instance days later on October 14 in Chicago's East Side neighborhood where Border Patrol agents were involved in a chase, a crash and later used tear gas on a crowd that gathered. A top-level deputy Border Patrol official testified last week that the use of chemicals in both cases were justified because protesters either blocked agents from leaving or threw objects at agents. Plaintiffs' attorneys alleged in recent court filings that Bovino himself violated the judge's temporary restraining order by using a can of tear gas on a crowd that gathered in Little Village as federal agents were making immigration-related arrests. Local Judge Ellis referenced that incident and others over the weekend — including the use of tear gas in Lakeview and another instance in Old Irving Park where she said children were in close proximity. "It is difficult for me to see that the force being used is necessary," Ellis said in court Tuesday. During the hearing, the judge asked Bovino if "we're on the same page" adding that protesters are allowed to tell Bovino and his agents that they don't want them in Chicago. Judge Ellis: "They can say they don't like what you are doing, they don't like how you're enforcing the law... they can say that and that's fine. But they can't get tear-gassed. So I think we're on the same page." Bovino: "I understand what you are saying, you're honor." The judge again asked if they're on the same page, to which Bovino said: "We're on the same page, as far as we'll abide by the TRO and all the accoutrements." But in an interview with the Telemundo network last Thursday, Bovino said this when asked about Ellis' order: "Did Judge Ellis get hit in the head with a rock like i did this morning? I had to apply gas this morning against people. Was she hit in the head with a rock? Maybe she needs to see what that's like before issuing an order like that," Bovino said. The Telemundo reporter followed up: "But have you followed her orders?" Bovino replied: We have always followed orders... A recent NBC 5 investigation found there have been injuries to protesters and clergy. "They had shot me in the face with a pepper ball," Leigh Kunkel told NBC 5 Investigates during a recent interview. Kunkel says she was hit in the face with a pepper ball when protesting outside the ICE processing facility in Broadview in mid-September. Videos and photos posted to social media have raised questions about the actions of Border Patrol agents have violated their own internal use of force policies. Judge Ellis has asked that Bovino and Border Patrol turn over all use of force reports since the start of September along with the accompanying body camera footage by end of business Friday. Bovino is required to meet with the judge every day - except for weekends - to check in on how the operations are going and if her temporary order is being followed until a preliminary injunction hearing on November 5.
