Judge Accuses CBP Chief of Providing False Testimony Regarding Protester Assault

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CHICAGO () In a significant legal decision on Thursday, a Chicago judge issued a preliminary injunction against federal immigration authorities, offering “complete relief” in response to their actions. The ruling also accused Gregory Bovino, the U.S. Border Patrol Commander leading “Operation Midway Blitz,” of providing false testimony.

Judge Sara Ellis condemned the federal authorities’ use of force during the operation, which targeted protesters, clergy, and journalists, describing it as behavior that “shocks the system” and “shows no signs of stopping.”

Ellis criticized Bovino’s videotaped deposition, where he discussed the methods employed by federal agents during Operation Midway Blitz, including his own actions regarding the use of force.

In a particularly striking part of her 90-minute ruling, Ellis highlighted that “Defendant Bovino admitted that he lied.” She noted that Bovino confessed to falsely claiming a rock had struck him before he deployed tear gas in Little Village.

A video captured Bovino throwing a canister of pepper spray at protesters, an act that compelled him to appear in court last week. The Department of Homeland Security defended Bovino’s actions, stating he reacted after protesters displayed anger and aggressive behavior toward federal agents.

However, footage of the incident never showed Bovino being struck in the head with a rock as DHS officials had claimed in their explanation of the incident.

In his deposition, Bovino denied tackling the man and instead testified that he was “imploring” the man to comply with an order to leave the area. Bovino testified that he saw “no reportable use of force” in the video of the encounter, saying the use of force was used against him.

Federal agents’ use of force in Chicago in dispute

Bovino repeatedly said during a deposition that all uses of force he has witnessed by federal officers and agents have “been more than exemplary” and claimed protesters have become more aggressive. He accused them of slashing tires, smashing car windows and bringing weapons while “becoming ever more angry and violent.”

During Thursday’s hearing, Ellis said the federal government’s characterization of the tactics used by federal officers and agents over the past two months does not match up with the evidence provided.

Ellis pointed to nearly a dozen instances in which she determined federal officers and agents wrongfully used force against protesters.

“I find the government’s evidence to be simply not credible,” Ellis said. “The government would have people believe instead that the Chicagoland area is in a vice hold of violence, ransacked by rioters and attacked by agitators. That simply is untrue, and the government’s own evidence in this case belies that assertion.”

Among the incidents that Ellis highlighted in court Thursday was the deployment of tear gas in Chicago’s East Side neighborhood in October. The judge said that federal officers and agents pushed, shoved and tackled protesters and pointed guns at them. She said that one person was shot with rubber bullets by federal agents while the man was attempting to get his girlfriend and baby home.

The judge acknowledged that some protesters threw eggs at federal agents and “acted badly,” but said that none of those who were arrested are facing assault charges.

Ellis said acts of violence at the Broadview ICE processing center have decreased since the Illinois State Police stepped in, but noted it does not mean “it no longer has the likelihood to exist.”

A DHS officer prepares to throw a gas canister in the Brighton Park neighborhood of Chicago, on Saturday, Oct. 4, 2025, after protesters learned that U.S. Border Patrol shot a woman Saturday morning on Chicago’s Southwest Side. (Anthony Vazquez/Chicago Sun-Times via AP)

Judge restricts what ICE can do in Chicago

By issuing the injunction, federal agents and officers will face more permanent restrictions. That includes the use of tear gas and other chemical agents against protesters, who Ellis determined had been gassed “indiscriminately”.

Ellis found that federal agents and officers violated the terms of the temporary restraining order, which Ellis issued Oct. 9. The judge also said that Bovino lied repeatedly during his deposition, including in describing an encounter with a man that she says video shows Bovino tackling the man.

Attorneys representing the Department of Justice sought a stay for Ellis’ order, which the judge said she was not inclined to grant. The next hearing in the matter is set for Nov. 13.

The Trump administration is expected to appeal the ruling. Ellis’ previous ruling required federal officers to use body-worn cameras after she determined previously that agents were violating the terms of a temporary restraining order issued in early October.

A Department of Justice spokeswoman declined to comment when contacted about Ellis’ ruling by on Thursday.

Ellis announced her ruling a day after hearing nearly 10 hours of testimony and legal arguments on Wednesday. Ellis’ decision came just more than 30 minutes before a temporary restraining order she issued in October was set to expire.

Sarmad Khojasteh, an attorney with the U.S. Department of Justice, said Wednesday that federal immigration officers and agents have “honored and protected” peaceful protesters during the two-month Chicago operation.

“There’s no evidence to suggest the plaintiffs or anyone else has been targeted for their viewpoints,” he said.

However, Elizabeth Wang, an attorney representing the plaintiffs, argued that the case shows the importance of speaking truth to power.

“Seeing…the lies, the fabrications, it’s really really heartbreaking,” Wang said Thursday.