US Customs and Border Patrol Chief Gregory Bovino will appear in court Tuesday to answer a judge’s concerns about federal agents’ aggressive tactics after he was recorded throwing what appears to be a tear gas canister into a crowd.
District Judge Sara Ellis issued a temporary restraining order this month blocking agents from using certain types of force against protesters. In recent weeks she’s said she has concerns about whether her order was being followed.
Here’s what we know about the incidents in question.
Multiple violations of the order
A court filing against the Department of Homeland Security (DHS) says Bovino “apparently threw tear gas into a crowd without justification” during a protest against immigration authorities in Chicago’s Little Village neighborhood. The filing was issued Friday by the Chicago Headline Club, a press freedom group.
A video obtained by CNN shows a tense scene leading up to the moment when Bovino throws an apparent tear gas canister toward a group of protesters.
DHS said in a statement Friday on social media that a “mob of rioters” struck Bovino in the head with an object and agents used “chemical munitions” after repeating “multiple warnings to back up.” That same day, Bovino was ordered to appear before the judge.
CNN has not seen video of Bovino being hit in the head with an object.
The incident is the latest example of aggressive crowd control tactics used by federal agents throughout Operation Midway Blitz, an immigration enforcement operation that has resulted in more than 1,000 arrests since it began September 8.
Federal agents descended on the north side of the city over the weekend as part of the operation. They appeared to deploy tear gas Saturday morning in the Old Irving Park neighborhood of Chicago.
Since Ellis’ October 9 temporary restraining order, several violations of the order have come under scrutiny as DHS agents continue their immigration enforcement throughout the city.
Last week, Trump administration officials overseeing immigration enforcement actions for the operation appeared in front of the judge about their use of these tactics in standoffs with protesters.
Three incidents were the primary focus of the October 20 hearing where Ellis peppered two DHS leaders about the use of these crowd control tactics that she said violated her order.
Incidents in question
Ellis’ 14-day restraining order followed video of a pastor being shot by pepper balls during a September demonstration outside the Immigration and Customs Enforcement facility in Broadview, just outside Chicago. The order blocks ICE and CBP agents from using certain types of force and crowd control.
The Rev. David Black of Chicago’s First Presbyterian Church was wearing a clerical collar when federal agents fired pepper balls at him repeatedly.
In the October 20 hearing, Ellis questioned Deputy ICE Field Office Director Shawn Byers about the incident. He said the pastor was given multiple commands to remove himself from federal property and didn’t.
Last week, Ellis summoned Trump administration leaders to question them about violations of the order, asking them about their respective command structures and why they deployed chemical munitions in each incident.
The judge questioned Deputy Incident Commander Kyle Harvick about an October 12 incident in Albany Park, another community north of Chicago, where federal agents deployed what appears to be a chemical agent to deter the crowd.
On October 14, CBP agents pursued and crashed into a vehicle during an immigration enforcement operation in a neighborhood of Chicago’s East Side.
After the incident, a large crowd began to form around an intersection close by. The crowd turned “hostile,” the DHS told CNN, and agents used crowd control measures.
Photos and videos from the scene show Chicago residents fleeing as agents fired tear gas canisters.
Ellis also mentioned an October 19 incident in the suburb of Rolling Meadows, where a federal agent was recorded pointing a weapon at bystanders outside an ice cream shop.
Further alleged violations
In Irving Park on Saturday, CBP agents detained a construction worker before tear gas appeared to be deployed. A crowd began to form around the agents and a neighbor who did not want to be named said they witnessed two people “tossed to the ground.” including a man who was approximately 70 years old.
“Border Patrol agents were surrounded and boxed in by a group of agitators,” DHS said in a Monday statement to CNN. “To safely clear the area after multiple warnings and the crowd continuing to advance on them, Border Patrol had to deploy crowd control measures.”
The Chicago Headline Club filed another complaint against DHS on Monday, flagging what it said were several violations of the court’s temporary restraining order from this incident.
After making arrests while leaving the scene, “without any audible warning, agents deployed tear gas” that later caught fire, the plaintiffs alleged.
CNN’s Alisha Ebrahimji, Whitney Wild and Andi Babineau contributed to this report.
For more CNN news and newsletters create an account at CNN.com
