Politics

Border Patrol Chief Greg Bovino, Other Agents Fired Tear Gas at Little Village Crowd ‘Without Justification,’ Lawyers Say

U.S. Customs and Border Protection agents fired tear gas at a crowd during an aggressive raid in Little Village with no warning, Ald. Byron Sigcho-Lopez (25th Ward) told WTTW News.

Sigcho-Lopez, whose ward also includes Pilsen, said he did not hear agents issue an order to the crowd to disperse or a warning that they would deploy the chemical agents if people did not leave the area before he was hit by tear gas.

The mid-morning raids marked the second day in a row that federal agents, accompanied by Border Patrol chief Greg Bovino, conducted aggressive immigration raids in Little Village. Video footage showed agents detaining a man at a bus stop near 26th and Whipple streets, prompting a crowd of angry residents to flock to the scene.

It is not clear how many people were detained during Thursday’s raids.

Little Village, also called La Villita, is the heart of Chicago’s Mexican-American community, and is home to the second largest shopping district in the city, behind only North Michigan Avenue.

If agents deployed tear gas without a warning, that would violate an order issued by U.S. District Judge Sara Ellis two weeks ago. That order prohibits federal agents from deploying tear gas and other weapons against journalists, protesters and anyone not posing an immediate threat to immigration enforcement agents.

If agents determine crowds pose a threat, they must issue two warnings before using tear gas and other types of chemical sprays in a case brought by the Chicago Headline Club, Chicago Newspaper Guild Local 34071, Block Club Chicago and other media organizations, according to Ellis’ order.

Baltazar Enriquez, president of the Little Village Community Council, told the Chicago Sun-Times that Bovino was the first agent to fire tear gas at the crowd, which posed no threat to him or other agents.

Ellis ordered Bovino to answer lawyers’ questions about their use of force against protestors after a five-hour hearing on Monday.

Shortly after the confrontation between protestors and federal agents in Little Village, Ellis expanded Bovino’s deposition from two hours to five hours. Deputy Chief Patrol Agent Daniel Parra and Russell Hott, the former field director for ICE operations in Chicago, will now have to answer questions for three hours, instead of two hours.

The next hearing in that case is scheduled for Nov. 5, when Ellis could permanently restrict federal agents from using force against protestors. Both sides should come prepared to talk about what happened Wednesday and Thursday in Little Village, Ellis ordered, and reminded federal officials “to preserve all body-worn camera footage of any use-of-force incident” since Sept. 2, when the stepped up enforcement began.

Lawyers for the headline club and other plaintiffs told Ellis that Bovino had violated her order by firing at least one tear gas canister at the crowd and they were concerned the federal government “was simply ignoring your order.”

Lawyers asked to Ellis “to conduct an inquiry into this incident and order relief that the court deems proper,” given the “flagrancy of the apparent violation.”

Watch a video of the confrontation entered as evidence in the case here.

An image taken from a video entered as evidence in the court case, showing Border Patrol chief Gregory Bovino firing tear gas, circled in red by lawyers for the Chicago Headline Club, at a crowd of protestors. (Provided)

 

Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin referred to the Little Village residents who confronted agents, which included several elected officials including Sigcho-Lopez, as “rioters.”

“A large crowd of 75 to 100 rioters surrounded law enforcement who set up a perimeter after agents were boxed in by a large box truck. Rioters then shot at agents with commercial artillery shell fireworks,” McLaughlin said.

Sigcho Lopez said that was false. No one shot any kind of fireworks at federal agents, he told WTTW News Friday.

McLaughlin accused Little Village residents of “attacking” a van that was transporting people who had been detained during the raid.

“The mob of rioters grew more hostile and violent, advancing toward agents and began throwing rocks and other objects at agents, including one that struck Chief Greg Bovino in the head,” McLaughlin said. “Border Patrol agents repeated multiple warnings to back up and that chemical agents would be deployed if warnings were ignored. Riot control measures were deployed, including by Chief Bovino, and arrests were made. Agents properly used their training. The use of chemical munitions was conducted in full accordance with (U.S. Customs and Border Protection) policy and was necessary to ensure the safety of both law enforcement and the public.”

The video submitted to the federal judge does not show Bovino being struck by anything before he throws at least two canisters of tear gas.

In a separate case challenging President Donald Trump’s deployment of 700 National Guard troops to Chicago, U.S. District Court Judge April Perry said she found federal officials’ assertions that federal agents had been subjected to serious and coordinated violence by protestors “simply unreliable.”

No Chicago police officers were present when federal agents deployed tear gas, Sigcho-Lopez said.

In the past 20 days, Department of Homeland Security agents have deployed tear gas against Chicagoans who gathered to protest their efforts to detain people they believe to be in the country illegally five times: in Logan Square on Oct. 3; in Brighton Park on Oct. 4; in Albany Park Oct. 12 and in East Side Oct. 14 and in Little Village on Thursday.

Chicago Police officers arrived at the scene at 10:15 a.m. after getting a number of 911 calls for assistance, including from federal agents, according to a department spokesperson.

“Upon arrival, CPD supervisors and officers observed a large crowd and worked to de-escalate,” according to the statement. “CPD officers were only on scene to maintain public safety through crowd control and traffic control. Officers secured the area and left the scene once the area was safely cleared.”

Chicago police arrested one person for battering an officer, according to the statement. Charges are pending.

Video posted online showed federal agents retreating as a crowd of angry Chicagoans moved toward them, yelling that they should leave the city.

Note: Loevy & Loevy, the firm representing the Chicago Headline Club and other news organizations, has done legal work for WTTW News. 

Contact Heather Cherone: @HeatherCherone | (773) 569-1863 | [email protected]

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