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In a courtroom setting in Chicago, U.S. Border Patrol Commander Greg Bovino faced a federal judge on Tuesday, marking a significant legal moment. The proceedings revolve around a lawsuit initiated by journalists from the Chicago area.
Amidst the hearing, the judge issued a directive for Commander Bovino to convene with her daily at 6 p.m., reflecting the gravity of the situation. The case has drawn attention due to video footage that seemingly captures Bovino deploying tear gas during an immigration arrest last week in the Little Village neighborhood.
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Bovino has defended his actions, claiming the crowd was aggressive and engaged in pelting officers with rocks, one of which reportedly struck him on the head. His defense highlights the tense atmosphere during the arrest, but the judge remains focused on the specific actions taken by Bovino.
This legal development follows accusations that Bovino breached a court order, as the incident in Little Village allegedly involved the use of a tear gas canister against a gathering of people. The judge referenced multiple incidents which have come under her scrutiny, underscoring the seriousness of the allegations against the CBP commander.
Bovino contends the crowd was hostile, throwing rocks at officers, with one hitting him in the head.
The judge citing several incidents that have been brought to her attention, including the one in Little Village last week, where Bovino is accused of violating a judge’s order by throwing a tear gas canister into a crowd in Little Village last week.
Court documents point to videos and pictures of tear gas being deployed in the neighborhood as protesters gathered following immigration enforcement.
A current court order, calls for agents to give at least two verbal warnings before using tear gas during protests.
In that particular incident, the Department of Homeland Security said Bovino was hit in the head by a rock.
In court, the judge stipulated to Bovino that if journalists re doing their job, they have to be allowed to do their jobs.
The judge said DHS officials can use force in exigent circumstances, but otherwise people in public places should be allowed to stay.
The judge said using riot control weapons such as tear gas on members of the press or protesters not posing an immediate threat is not permissible.
The judge also asked Bovino for reports on use of force and and body camera video related to the reports.
Bovino spoke with ABC News ahead of Tuesday hearing. He defended federal agents actions and “Operation Midway Blitz.”
“There are no sanctuaries in Chicago or anywhere else in the United States. No sanctuaries. And when you create a sanctuary, which is what happened during the last administration, they created many zones and areas and created that concept of sanctuary and when create that it leads to that false sense of security. And we don’t want anyone, any illegal alien, especially any criminal alien to feel have a false sense of security because you don’t,” Bovino said.
In a new court filing, attorneys are asking a federal judge to block agents from using tear gas in Chicago.
Judge Ellis said she will go address the new filing after hearing testimony from Bovino.
In response to the new court filing, the Department of Homeland Security says in part, “ICE officers are facing a nearly 1000% increase in assaults against them as they put their lives on the line to arrest murderers, rapists, and gang members.
“ICE and CBP are trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and themselves”
Tuesday Judge Ellis is expected to look at two key elements.
One is whether or not Bovino had his body-camera activated, and whether two verbal warnings were given before deploying tear gas.