Top CBP Official Defies Court Order: Accused of Illegally Deploying Tear Gas

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CHICAGO — Gregory Bovino, a Commander with the U.S. Border Patrol, is facing allegations of defying a federal judge’s temporary restraining order after reportedly being caught on camera deploying tear gas during an immigration operation in Chicago on Thursday.

Legal documents now include an image purportedly showing Bovino hurling what seems to be a tear gas canister at demonstrators in the Little Village area of Chicago. Filmed by a protester, the footage allegedly captures Bovino tossing one or two canisters over fellow federal agents, directing them towards a gathering of protesters.

In related developments, President Trump has decided to delay the planned federal operation in San Francisco, granting the city’s mayor additional time.

This confrontation on Thursday marked the second consecutive day of tensions between protesters and federal officers in the Little Village neighborhood.

A photo taken from video shot by a protester seems to show Border Patrol Commander Gregory Bovino tossing a canister of a chemical agent during an encounter with protesters on Thursday in Chicago. (Federal Court filing)

Attempts to get a comment from a Department of Homeland Security spokesperson regarding the allegations against Bovino were not immediately successful.

The legal filing asserts that Bovino’s actions breach several clauses of an order issued by Judge Sara Ellis earlier this month. This week, officials from Customs and Border Protection and Immigration and Customs Enforcement appeared in federal court, summoned by Ellis to account for the use of force by federal agents, as plaintiffs contend the restraining order’s terms were violated.

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.