Responding to the incident on Sunday, Assistant Homeland Security Secretary Tricia McLaughlin defended the use of tear gas, saying in part, “Border Patrol agents were surrounded and boxed in by a group of agitators. Federal law enforcement issued multiple lawful commands and verbal warnings, all of which were ignored… Border Patrol had to deploy crowd control measures.”

The statement however runs contrary to what others in the neighborhood, including what resident and former Cook County prosecutor Brian Kolp saw and heard.

“They deployed the smoke canister, the one I showed you a picture of, with no audible warning whatsoever,” Kolp said.

The distinction is crucial. As district court Judge Sarah Ellis gets ready to question Border Patrol Commander at large Gregory Bovino on Tuesday, the public face of “Operation Midway Blitz” was himself photographed hauling a tear gas canister at protesters in Little Village last week. Ellis, who is presiding over an ongoing lawsuit regarding the feds’ treatment of protesters, has forbidden agents from deploying chemical agents indiscriminately, and without at least two prior warnings.

“There are going to be pointed questions from Judge Ellis about whether or not he understood what her order is, or whether or not he complied with her order and if he didn’t why not?” former federal prosecutor Christopher Hotaling said.

And because Ellis has also ordered all agents with body worn cameras to activate them, Hotaling says finding out who is telling the truth during these now routine tear gas deployments should not be difficult, if the cameras were rolling.

“She could ask for all the body cam footage,” Hotaling said. “The option is contempt. She could pursue contempt proceedings against Mr. Bovino for willfully violating her order.”

Homeland Security’s McLaughlin said of Bovino’s upcoming testimony last week, the agency can think of no better person to correct what they believe are the judge’s deep misconceptions about their mission in Chicago.

A statement from DHS on the incident involving Bovino claims that he was hit on the head by rocks and other objects being thrown at agents during the Little Village confrontation. A court filing by plaintiffs’ lawyers Sunday called that statement a lie.

People came together in Chicago later Sunday to honor those who have been detained by federal agents over the last week. They gathered in Bromann Park on the North Side.

Organizers say they wanted to show support for their neighbors who have been taken. They also wanted to make sure everyone knows what is legal, and handed out whistles to people to use when they see federal agents in action.

Several of the federal operations over the last week have happened on the North Side.

DHS comments on Friday’s North Side operations

The Department of Homeland Security also responded after tear gas was deployed Friday during an immigration operation on Chicago’s North Side. It happened at Henderson and Lakewood.

DHS says “agitators” swarmed federal agents and impeded operations, and when agents used crowd control measures, people threw objects at them. That’s when tear gas was used.

Agents detained at least one construction worker. ABC7 blurred that person’s face in a video of their detainment because it’s unclear if any charges were filed.

A Department of Homeland Security spokesperson issued a statement on Saturday, saying, “Border Patrol agents were swarmed by agitators during enforcement operations near Lakewood Avenue in Chicago. The agitators obstructed federal law enforcement and ignored multiple warnings to disperse and continued to impede operations, including trying to deflate a vehicles tire. Agents deployed crowd control measures to disperse the crowd and agitators began throwing objects at them. To protect themselves, the Border Patrol deployed additional to safely clear the area.

Our officers are facing a surge in assaults against them as they put their lives on the line to arrest murderers, rapists, and gang members. Secretary Noem’s message to the rioters is clear: you will not stop us or slow us down. CBP and our federal law enforcement partners will continue to enforce the law. And if you lay a hand on a law enforcement officer, you will be prosecuted to the fullest extent of the law.

Border Patrol agents repeated multiple warnings to back up and that chemical agents would be deployed if warnings were ignored. Riot control measures were deployed, including by Chief Bovino, and arrests were made. Agents properly used their training. The use of chemical munitions was conducted in full accordance with CBP policy and was necessary to ensure the safety of both law enforcement and the public.”