CHICAGO (WLS) — Customs and Border Patrol Commander Gregory Bovino spoke with ABC News on Monday, sharing insights ahead of his anticipated testimony set for Tuesday.
During the discussion, Bovino justified the agency’s deployment of chemical agents on protesters. However, recent court documents filed on Sunday reveal that those challenging the Department of Homeland Security’s methods remain unconvinced by his explanations.
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Bovino reported to ABC News that nearly 3,000 arrests have occurred in Chicago since the immigration crackdown commenced last month. The tactics used in these arrests have faced scrutiny, with critics questioning the legality and claiming that no warnings are issued before tear gas is used.
Last Thursday, in Little Village, Bovino, who leads the public charge of DHS’s immigration initiative “Midway Blitz,” was seen throwing what appeared to be a tear gas canister at demonstrators opposing federal agents in the neighborhood. On Tuesday, he will address these actions before Judge Sarah Ellis. His recent interview with ABC News might offer a preview of his defense.
“In law enforcement, when we apply force, it’s always the minimal level required to make an arrest or achieve the desired outcome of our mission,” Bovino explained.
He emphasized that chemical agents are part of the techniques employed in such operations.
“Whether it’s the use of tear gas. Or the use of hand techniques or any use of force by law enforcement, that’s that least amount of force necessary to positively affect the outcome of that mission. And that’s what we do here in Chicago,” Bovino said.
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At the time, DHS justified Bovino’s actions, saying he had been hit in the head by an object protesters threw at him. Court documents filed on Sunday by the parties suing the agency said, in no uncertain terms, “This statement is a lie.”
The plaintiffs added that DHS has engaged in a pattern of making up things that do not exist to justify their actions, while also engaging in violence to provoke a reaction. Additional photographs and videos from the confrontation were among the court filings. One of them shows an agent directly shooting a pepper ball at a heckler.
“Did you follow my instruction? Did you follow my order? And if you didn’t follow my order, why not?” said former Federal Prosecutor Christopher Hotaling.
Those are some of the questions Hotaling believes Ellis will ask Bovino on Tuesday as she seeks to determine whether he has, as accused, violated the temporary restraining order she issued against the indiscriminate use of chemical agents without prior warning.
Ellis is expected to look at two key elements. One is whether or not Bovino had his body-worn camera activated and the other is if he gave at least two audible warnings before deploying tear gas. Both are required.
“She could ask for all the bodycam footage,” Hotaling said. “That bodycam footage is perhaps the single best evidence of what is happening on a particular scene at any given time.”
Hotaling said if Ellis does not believe Bovino based on the evidence presented, she has the option of pursuing contempt proceedings against him. DHS, meanwhile, has said they look forward to having Bovino testify in front of Ellis. That hearing is scheduled for Tuesday at 10 a.m.
More allegations against federal agents
In another incident, what was supposed to be a Halloween parade in Old Irving Park turned to chaos as Immigration and Customs Enforcement agents appeared to deploy tear gas through residential streets over the weekend.
Outrage was sparked by the arrest of construction worker, Luis Villegas, whose family says he was working on a now-unfinished project before he was chased down and arrested by federal agents.
In a court filing Monday afternoon, the plaintiffs have alleged additional TRO violations in connection with Saturday’s incident.
The filing alleges that CBP agents “ruined what should have been an ordinary Saturday morning” in the Old Irving Park neighborhood, where children “were preparing for a Halloween parade.”
The plaintiffs allege that agents “unleashed violence, tackling at least three people” including one that they say is approximately 70 years old.
After the agents made arrests and were leaving the scene and “without any audible warning, agents deployed tear gas,” the plaintiffs allege.
In another court filing Monday, plaintiffs contended that federal agents “used tear gas in a residential neighborhood multiple times and without warning” on Friday “subjecting many people to significant risk and harm,” alleging more violations of the TRO.
In Friday’s incident in the Lakeview neighborhood, the plaintiffs allege that an agent threw two tear gas cannisters out the window of a vehicle toward a group of “non-violent” people who were filming and blowing whistles in protest of the immigration enforcement activity.
“Without any verbal warning, and without any threat to the officers, an agent in the SUV going backwards threw a tear gas canister out of the window of the car directly at a group of people. Almost immediately after, what appears to be the same agent threw a second tear gas canister out of the vehicle window at the same group of residents in the street. As before, no warning was given before the second canister was deployed,” the plaintiffs court filing states.
ABC News contributed to this report.
