Politics
Federal Judge Orders Border Patrol Chief Greg Bovino, Who Fired Tear Gas at Little Village Crowd, Into Court
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)
U.S. District Court Judge Sara Ellis ordered Border Patrol chief Greg Bovino, who has led a series of increasingly aggressive raids across Chicago and the suburbs, to appear in her courtroom in person at 10 a.m. Tuesday.
Ellis’ order came less than 24 hours after Bovino fired tear gas at a crowd during an aggressive raid in Little Village. Bovino accompanied agents on raids in Little Village Wednesday and Thursday.
Ellis prohibited federal agents from deploying tear gas and other weapons against journalists, protesters and anyone not posing an immediate threat to immigration enforcement agents in an order issued two weeks ago.
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.
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.
In an interview with CBS News published Friday, Bovino said he and his agents had compiled with Border Patrol policy when using force against Chicagoans.
“The use of force that I’ve seen has been exemplary — the least amount of force necessary to accomplish the mission,” Bovino said. “If someone strays into a pepper ball, then that’s on them. Don’t protest and don’t trespass.”
The right to protest actions by the government is protected by the First Amendment.
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 Ald. Byron Sigcho-Lopez (25th Ward), 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.”
In the past 23 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, in Little Village on Thursday and in Lakeview on Friday.
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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