Last we checked in with U.S. District Court Judge Sara Ellis, she didn’t seem pleased with U.S. Border Patrol commander Gregory Bovino. Bovino heads the Trump administration’s military presence in Chicago, Operation Midway Blitz, and there were some pretty serious allegations (and video!) that federal agents — and Bovino specifically — violated a temporary restraining order issued by Ellis.
A group of journalists, protesters, and clergy sued the Trump administration over the military occupation of Chicago, and Ellis issued a TRO limiting the tactics federal agents can use. Amongst the banned methods of riot control include the use of tear gas and other kinds of noxious gas unless there is an immediate safety threat. But over the weekend, Bovino was caught on camera throwing canisters of tear gas into a crowd without any warnings or verbal orders to disperse. It sure isn’t a good look.
So the judge hauled Bovino into court today to impress upon him the seriousness of the TRO and what sorts of actions are off limits. Specifically, Judge Ellis is deeply concerned that Border Patrol’s actions in using tear gas without appropriate warnings actually impacted innocents, specifically kids dressed in Halloween costumes, headed to a parade.
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Chicago Sun-Times reporter John Seidel details the lengths Judge Ellis went to in order to impress upon Bovino just how big of a deal it is to not adhere to the terms of the TRO. And hammered home what it means for citizens in the community quite literally caught in the crossfire.
While Judge Ellis didn’t press for many additional details of what happened in the incident in the Little Village neighborhood over the weekend, she made it very clear she didn’t want Halloween ruined for more kids.
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Judge Ellis also ensured Bovino knows his agents must have their name in a conspicuous place on their uniform and have body camera in use at all times.
But after the carelessness with which Bovino previously treated the TRO, Judge Ellis is not just going to trust Border Patrol to do the right thing. No, like a naughty schoolchild being called to the principal’s office, every single weekday between now and the hearing on the injunction (November 5th), Bovino has to appear in Judge Ellis’s courtroom at 6 p.m. and report on any events that have happened that day.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].