CHICAGO (NewsNation) — U.S. Border Patrol Commander Gregory Bovino is accused of violating a federal judge’s temporary restraining order after he was allegedly seen on footage throwing tear gas canisters during an immigration enforcement operation in Chicago on Thursday.
A court filing includes a photo of Bovino throwing what appears to be a tear gas canister toward protesters during an enforcement operation in Chicago’s Little Village neighborhood. The incident was being filmed by a protester, and in the filing, attorneys allege Bovino appears to throw either one or two tear gas canisters over the heads of federal agents in front of him and in the direction of a crowd of demonstrators.
Thursday’s clash between protesters and federal officers marked the second straight day that the Little Village neighborhood had witnessed encounters between demonstrators and federal officers.
A DHS spokesperson did not immediately respond to a NewsNation request for comment on the allegations against Bovino.
The filing said that the alleged actions violate multiple sections of an order that was issued by Judge Sara Ellis earlier this month. This week, two officials from Customs and Border Protection and Immigration and Customs Enforcement testified in federal court, asked by Ellis to explain the use of force by federal agents and officers. The plaintiffs alleged agents had violated the terms of the restraining order.
Ellis also sided with the plaintiffs in seeking Bovino and a top ICE agent to be deposed at a later date for up to two hours each. Bovino, along with Department of Homeland Security Secretary Kristi Noem, is among the defendants named in a federal lawsuit brought by several Chicago-area journalism organizations, protesters and clergy members.
Bovino has overseen Operation Midway Blitz, which began Sept. 7. In an interview with CBS News on Thursday, Bovino said that more than 2,700 arrests have been made during the ongoing federal Chicago enforcement effort.
In the interview, Bovino defended the use of force by federal officers, calling it “exempliary”, which he defined as “the least amount of force necessary to accomplish the mission.” Bovino said that, to his knowledge, no federal agents or officers are under investigation for, or have been disciplined, for their use of force against protesters or others who have engaged with federal officers during the operation.
Ellis set Nov. 5 as the date for a hearing in which an injunction will be sought to make the temporary restraining order against federal officers and officials permanent.
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