Chicago Judge Prohibits Use of Tear Gas on Halloween, Directs CBP Chief

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CHICAGO (AP) — A judge has opted not to impose a complete ban on the use of tear gas by federal agents during an ongoing operation in Chicago. However, she issued a stern caution to a senior Border Patrol official regarding the deployment of chemical agents, especially with Halloween festivities approaching.

Judge Sara Ellis has mandated daily meetings with Border Patrol Commander Gregory Bovino until November 5. This measure is intended to ensure that federal agents remain accountable for their actions. Before concluding a nearly hour-long hearing, Ellis addressed Bovino, who has become a prominent figure in Operation Midway Blitz, emphasizing her expectation that agents would refrain from violating a temporary restraining order in the coming days.

“With Halloween approaching on Friday,” Ellis stated, “I want to make it clear that I do not expect any reports of violations from the plaintiffs indicating that agents are deploying tear gas where children are trick-or-treating.”

Lawyers representing journalists, clergy, and protesters had sought a court order to prohibit federal agents from using tear gas. Although Ellis did not issue such an order during the Tuesday hearing, she made it clear that she was not dismissing the request outright.

Recently, federal officers have been recorded using chemical agents in Chicago neighborhoods to manage protesters and residents who oppose their presence. A video showing Bovino tossing a tear gas canister into a crowd of protesters in the Little Village neighborhood last week prompted Judge Ellis to summon the 30-year Border Patrol veteran to court.

Gregory Bovino, Chief Patrol Agent of the El Centro Sector and Commander-Operation At Large CA (center), marches with federal agents to the Edward R. Roybal Federal Building after US Border Patrol agents produced a show of force outside the Japanese American National Museum in Los Angeles. (Carlin Stiehl / Los Angeles Times via Getty Images)

Despite not banning the use of tear gas, Ellis told Bovino that she will be monitoring agent activity, which included requiring that corresponding bodycam footage be turned over to her dating back to late September. She said that she will use the daily meetings with Bovino to discuss incidents that take place involving federal officers to ensure they are not using excessive force against protesters when it is not warranted.

“I know my lane,” Ellis said. “And I will stay in my lane. But I’m also not afraid to enforce this TRO. If they are using tear gas, they better be able to back it up. And if they can’t, then they will lose that as something they can use.”

Last week, three incidents in Chicago neighborhoods included the use of chemical agents. In one incident in the Old Irving Park neighborhood, video surfaced of agents tackling local protesters on a residential street where children were preparing to participate in a Halloween parade.

Regarding the incident, Ellis told Bovino, “Kids in Halloween costumes do not pose an immediate threat to the safety of a law enforcement officer. They just don’t.”

“These kids, you can imagine, their sense of safety was shattered on Saturday, and it’s going to take a long time for that to come back if ever,” Ellis told Bovino, who was polite in responding to the judge, often by saying, “Yes, ma’am.”

local affiliate WGN reported that at least three people were taken into custody during the incident, in which Department of Homeland Security officials said “a group of agitators” boxed in federal agents who were there to arrest a Mexican national who was reportedly in the United States illegally.

In Little Village, the heavily Hispanic community where the incident involving Bovino took place last week, officials are planning a three-hour Halloween celebration Friday.

Baltizar Enriquez, the Little Village Community Council president, told on Tuesday that 130 volunteers have already agreed to be present on local streets while children are out in costumes. The volunteers will also be dressed up to provide normalcy for residents, who Enriquez said have been traumatized by recent federal enforcement operations.

Enriquez said the community is asking residents and volunteers to form a human chain to protect local street vendors and others from federal agents amid complaints about the tactics of officers and agents.

“We’re very concerned, and that’s why we reacted this way to call our members to protect the children of Little Village,” Enriquez said. “We have been targeted …. but we’re very worried that (federal agents) will come try to put on a show for their supporters.”