U.S. District Judge Sarah L. Ellis called Border Patrol Cmdr. Gregory Bovino appeared in court to respond to reports that deputies violated her orders.
Chicagoans fear immigration raids amid enforcement action
USA TODAY’s Michael Loria interviews Chicago residents about how immigration enforcement is impacting their daily lives and community life.
- A federal judge in Chicago said it was “unfit” to enforce an order limiting the use of force by Customs and Border Protection agents.
- The judge ordered the Department of Homeland Security to turn over reports on the use of force and body-worn camera footage.
- The region’s top Border Force leaders now have to submit daily reports in person in court.
CHICAGO – A federal judge in Chicago has a clear message for the Trump administration. She would enforce court orders limiting the type of use of force that officers can use in the city.
U.S. District Judge Sarah L. Ellis on October 28 ordered Homeland Security officials to turn over all use-of-force reports and related body camera footage the department has in connection with the Chicago-area crackdown. She also cited an incident on Oct. 25 in the Northside neighborhood, where trick-or-treaters were “tear gassed on their way to celebrate Halloween.”
She also warned that complaints about tear gas being used near children on Halloween night should not be received. “Please know that this is a day when people are out minding their own business.”
He also ordered officials to provide information on people arrested in connection with immigration protests, had the region’s top Border Patrol leaders submit daily reports in person in court, and ordered them to begin using body cameras.
Amid a White House crackdown in Illinois that issued an order restricting the types of tactics immigration enforcement agents could use, Ellis dragged the administration’s top enforcement officer, Customs and Border Protection Commander-in-Chief Gregory Bovino, into court to make sure she understood the restrictions she had placed on herself and her staff.
The judge questioned Bovino, the face of President Donald Trump’s Operation Midway Blitz, in response to a court filing alleging that he and his agents violated orders restricting the use of chemical and physical force.
Ellis issued a temporary restraining order in connection with a lawsuit brought by journalists, clergy and protesters who accused agents of unnecessary use of force. Ellis’ order requires agents to be warned before using chemicals, such as pepper spray, and to limit the use of physical force if agents face imminent harm.
Since Ellis first filed the restraining order on October 9, the journalists’ lawyers have filed multiple notices alleging that federal agents have violated Ellis’ orders. Most recently, lawyers for journalists, clergy, and protesters filed a citation accusing Bovino of violating an order to tear gas protesters in a raid on a Mexican neighborhood in Chicago.
About 90 minutes after Bovino took the stand, Ellis told Homeland Security lawyers, “I’m not afraid to execute this TRO.” “Based on my original authority to enforce the TRO, this is what I am requesting because there are serious questions as to whether it has been complied with.”
Lawyers for the Department of Homeland Security objected to Ellis’ new order, but the judge said Ellis would not change it and would issue a written order soon. Mr. Ellis rejected a request from civilian lawyers for a complete ban on the use of tear gas by agents.
At the end of his testimony, Mr. Bovino told Ellis, “We will comply with the TRO and all its attachments.”
The hearing at Chicago’s Dirksen Federal Courthouse comes as the U.S. Supreme Court considers whether to allow the White House to send troops to the city. The Trump administration says the military is needed to crack down on immigration enforcement targeting the “worst of the worst” criminal immigrants.
Local Democratic officials see the raid as a power grab by the Republican White House and take issue with the use of chemical weapons by federal agents in residential areas during the crackdown.
On October 27, the Assistant Secretary for Public Affairs at the Department of Homeland Security said that “more than 3,000 illegal aliens, including rapists, murderers, and gang members” had been arrested in connection with the raid. USA TODAY has not been able to independently verify the detainees’ criminal histories or immigration status.
Homeland Security officials did not immediately respond to requests for further comment on Ellis’ new order.
Who is Gregory Bovino, the man behind President Trump’s Midway Raid?
Border Patrol Chief Bovino announced in X that he had arrived in Chicago as part of Operation Midway Blitz on September 16, and he quickly became the face of the operation.
He and heavily armed operatives were seen on a boat on the Chicago River, making headlines in the city. Bovino also drew criticism from local residents after he told a local radio reporter that immigration officials were arresting people based, at least in part, on their “appearance.” Most notably, agents participated in a high-profile raid on a South Side apartment building by rappelling from a Black Hawk helicopter.
A longtime Border Patrol veteran, he frequently boasts about his members’ successes on social media. About an hour before his court appearance, he posted on X a photo of a man with a bloody face who had been arrested in connection with the riot.
“Another drug dealer and Latin Kings gang member has been usurped from the throne!” Bovino wrote. “This is a prime example of how our enforcement efforts are arresting criminal illegal aliens who threaten our American way of life.
Bovino appeared in court wearing a green Border Patrol uniform. He speaks with a distinctive Carolina accent.
An agency spokesperson previously said of Bovino, “We believe there is no one better suited for DHS to correct Judge Ellis’ deep misconceptions about its mission, and we appreciate his efforts.”
Homeland Security officials are also involved in a separate case ongoing in federal court in Chicago. Prosecutors announced that Juan Espinoza Martinez, a 37-year-old Chicago man, is accused of providing $10,000 for Bovino’s murder. Espinoza Martinez’s lawyer maintains he is innocent. The case is scheduled to go to trial in January.
Judge questions use of tear gas near trick-or-treaters
In court, Mr. Ellis reviewed the temporary restraining order line by line, stopping where a civilian attorney filed a notice alleging violation of the order. She detailed an incident that occurred on October 25th in her Northside neighborhood, saying trick-or-treaters were “tear gassed on their way to celebrate Halloween.”
“As you can imagine, these kids’ sense of safety has been shattered,” Ellis told Bovino. “And if it does come back, it’s going to be a long time before it comes back. Not only has their sense of safety been shattered, but it has something to do with something that was supposed to be a really happy day…That’s one of the reasons I called you guys today, to make sure that when you enforce the law, it’s done in a way that’s objectively reasonable and consistent with your views on the duty.” ”
Bovino declined to discuss specific instances in which agents were reported to have used chemicals without warning or used force unnecessarily.
“Each situation is situational and I would like to know more about these different activities before I say this or that,” Bovino said.
Ellis warned that agents pointed guns at Chicago residents who had gone out to protest immigration enforcement, according to a sworn statement. According to the declaration, the experience has made people fearful of protesting again.
“Under the First Amendment, you can’t instill fear in people,” Ellis said. “They don’t have to like what you’re doing, and that’s fine, that’s democracy. They can say they don’t like what you’re doing, they don’t have to like how you enforce the law, they can say they want you out of Chicago. That’s fine, and they can’t tear gas you for it.”
Ellis ordered Bovino to begin daily reporting on Oct. 29, have her body camera activated by Oct. 31 and submit reports to her on any new uses of force.
Ellis said Bovino reportedly violated a restraining order when he used two canisters of tear gas on Oct. 23, but he could have easily disproved the allegations had he been wearing a body camera.
“I’m not going to tie these agents’ hands because I’m not in the field and at the end of the day it’s not my job,” she said. “But I do hope that they understand their responsibility when it comes to the use of force, and if they’re going to use tear gas, they can back it up.”
(This story has been updated to add new information.)
