U.S. Customs and Border Protection Commander Gregory Bovino is facing allegations of breaching a temporary restraining order (TRO). This order restricts federal agencies from using specific tactics to suppress protests or hinder media coverage of immigration enforcement in Illinois.
Details of the Allegation Against Bovino
A group of journalists and First Amendment advocates, who secured the TRO earlier in October, filed a notice of alleged violation with U.S. District Court Judge Sara Ellis. This was prompted by video evidence that allegedly shows Bovino deploying tear gas during a confrontation with protesters in Chicago’s Little Village neighborhood.
Incident Overview
The incident occurred near the Discount Mall at 26th and Whipple. During the immigration enforcement operation, protesters confronted CBP agents. The recorded footage, live-streamed on Facebook, captures Bovino in uniform but without headgear. He was seen tossing a tear gas canister towards the crowd over the heads of other agents.
- Asecond canister was reportedly removed from his belt.
- The plaintiffs included a screenshot from the video in their filing.
- The video indicates Bovino threw one or two canisters “in the direction of a crowd of individuals protesting.”
Legal Implications
The plaintiffs argue that Bovino’s actions violate multiple sections of the court’s October 9 order. This order specifically prohibits federal agents from:
- Arresting or threatening to arrest journalists without probable cause.
- Issuing crowd dispersal orders without exigent circumstances.
- Using riot control weapons, including tear gas, against the public.
Alongside Bovino, other agents involved in the altercation also face accusations of violating the same court order. A masked officer reportedly ordered residents to “clear the area” without explanation, despite them not obstructing anyone.
Continued Operations and Arrests
On a related note, Bovino defended the federal agents’ tactics in an interview. He cited nearly 2,700 arrests since September 6, characterizing their actions as necessary due to escalating violence on the streets. He noted the arrest of several serious offenders, including members of the Latin Kings gang.
Upcoming Legal Proceedings
In court, Judge Ellis has scheduled depositions for Bovino and other officials regarding the use of force during immigration operations. The depositions will explore incidents specifically related to the Little Village area.
State Response
In a further development, Illinois Governor JB Pritzker signed an executive order establishing the Illinois Accountability Commission. This commission aims to document alleged civil rights abuses by federal agents, including those from ICE and CBP, under Operation Midway Blitz.
The commission will consist of nine members dedicated to creating a permanent public record of incidents involving federal law enforcement. Pritzker stated that hundreds of videos and accounts documenting unlawful activities have already been collected for potential legal use.
El-Balad has reached out to the Department of Homeland Security for a statement but is awaiting a response.
