U.S. Border Patrol Commander Gregory Bovino is scheduled to testify in federal court today after being accused of personally deploying tear gas during protests in Chicago, violating a judge’s order that limits aggressive tactics by federal agents. The hearing comes amid growing community outrage over incidents where agents allegedly used force without proper warning, including during a children’s Halloween parade.
The legal challenge stems from a lawsuit filed against the Trump administration over the conduct of federal immigration agents in Chicago. U.S. District Judge Sara Ellis issued a temporary restraining order on October 9, prohibiting agents from arresting, threatening, or using physical force against journalists or protesters unless there is probable cause of a crime. The order was expanded on October 16 to require agents to wear body cameras during law enforcement activities. This move was aimed at increasing transparency and accountability in operations under “Operation Midway Blitz,” which Bovino oversees.
On October 16, in the Little Village neighborhood, Bovino was captured on video tossing a tear gas canister into a crowd of demonstrators. Plaintiffs in the lawsuit claim he was the first federal agent to use tear gas and did so without giving any audible warnings, directly violating Judge Ellis’s order. They argue that the crowd was peaceful and not committing any crimes at the time. Bovino later claimed he had been hit in the head by an object thrown from the crowd, but the plaintiffs maintain that his actions were unjustified.
A second incident occurred on October 25 in the Old Irving Park neighborhood, where Border Patrol agents conducting an immigration raid allegedly deployed tear gas without warning, disrupting a children’s Halloween parade. Residents reported that agents tackled several people, including a 70-year-old man, and forced the relocation of the parade to a nearby school. Video footage verified by news outlets shows chaotic scenes with agents using crowd control measures, and witnesses described the event as terrifying for children and families.
The Department of Homeland Security has defended the agents’ actions, stating that they were necessary for officer safety. Assistant Secretary Tricia McLaughlin said agents faced a hostile crowd, issued multiple warnings, and deployed crowd control measures only after being advanced upon. She emphasized that the operations led to the arrest of a criminal illegal alien from Mexico with a prior assault record and two U.S. citizens for assaulting and impeding federal officers. McLaughlin asserted that all actions were in accordance with CBP policy.
Community members and local officials have condemned the tactics. Illinois State Rep. Lindsey LaPointe described the actions as “harmful, traumatic, illegal and uncalled for,” while residents expressed fear and anger. Carlos Rodriguez, a resident, was heard yelling at agents, “You’re scaring our children to death.” The plaintiffs have accused DHS of lying about the incidents and are calling for sanctions and tighter oversight of immigration enforcement in Chicago.
Bovino, in an interview with ABC News, defended the agents, stating that there are “no sanctuaries” in Chicago and that the agency will ensure the safety of its personnel. He deferred detailed questions about the tear-gas incident to the court hearing, where he is expected to be questioned about his direct involvement and the use of body cameras. Since “Operation Midway Blitz” began on September 6, over 2,800 apprehensions have been made in the Chicago area.
The court hearing today before Judge Ellis is unusual, as it involves a high-ranking official testifying in open court about specific actions. Legal analysts note that such testimony is typically reserved for congressional hearings. The outcome could lead to further restrictions on federal agents’ conduct and impact ongoing immigration enforcement operations in the city, with potential implications for how similar operations are conducted nationwide.