WATCH: Constitution debated as IL judge orders reports from Border Patrol commander

By Jim Talamonti | The Center Square
The Center Square

(The Center Square) – A federal judge in Chicago has ordered U.S. Border Patrol Commander Gregory Bovino to provide her with daily in-person reports until a hearing next week.

U.S. District Court Judge Sara Ellis questioned Bovino Tuesday about alleged violations by federal immigration enforcement officers of a temporary restraining order in the case filed by the Chicago Headline Club on behalf of journalists and protesters against Homeland Security Secretary Kristi Noem and federal agents.

Ellis outlined the allegations after Bovino took the witness stand at the Everett McKinley Dirksen U.S. Courthouse in Chicago.

The judge described the oaths they both took when they began in their jobs and said it is her role to see that Bovino’s enforcement of laws is consistent with the Constitution.

Ellis read through the temporary restraining order and said, essentially, Bovino needed to leave journalists alone. She also said he and his agents could not disperse crowds from places they are lawfully allowed to gather unless there are “exigent circumstances.”

Ellis told Bovino that kids in Halloween costumes walking to a parade do not pose an immediate threat to the safety of law enforcement officers.

“You cannot use riot control weapons against them,” Ellis said.

Ellis said she had seen videos indicating that the force used by immigration enforcement officers was not necessary.

The judge said it was a consistent theme that agents did not give warning or give people time to disperse before they deployed riot control weapons.

“They must tell people what they are going to do before they do it,” Ellis told Bovino, adding, “That isn’t what I’ve seen in any of these videos.”

The judge said immigration enforcement officers needed to have a consistent place on their uniform where they place their identification so that the ID would be visible when she reviewed videos alleging violations of her TRO.

Bovino said he did not know how many of the approximately 201 agents in Chicago had body cameras, although he suggested it might be “99%.”

Ellis told Bovino she would like him to do his best to make sure that all of the officers working under Operation Midway Blitz had body cameras and said the cameras would allow untrue claims against officers to be dismissed.

“The cameras are your friend,” Ellis said.

The judge asked Bovino if he had a body camera.

“I do not, Ma’am,” Bovino said.

The judge mentioned U.S. Homeland Security Secretary Kristi Noem and said she suspected that if he asked for a body camera, he could get one.

“We can get a camera by Friday,” Bovino said.

The judge went through more reported violations, including a case in Chicago’s Little Village neighborhood last Wednesday, where a woman said she was pulled to the ground, two officers were on top of her and neither had conspicuous identification.

Ellis said two cases the next day, also in Little Village, involved pepper canisters being allegedly deployed without warning.

Bovino said he’d like to know more about what happened in both situations before commenting. He agreed when the judge said, “Nobody wants to violate the TRO.”

Ellis pointed to a case in Chicago’s Old Irving Park neighborhood, where a Border Patrol agent allegedly used a chokehold on an individual who was standing next to his car. The judge said the chokehold was not permitted under Customs and Border Patrol guidelines.

The judge said another case in Old Irving Park involved kids from St. Viator Elementary School being tear-gassed by federal agents as they walked to a Halloween parade.

Ellis said enforcement of federal law should not involve terrifying children.

According to Ellis, another instance of tear gas deployment without warning happened in the Lakeview neighborhood last Friday and agents did not have visible identification.

When the judge asked Bovino if he agreed that they were on the same page, Bovino said he and his agents would abide the TRO and “all the accoutrements that are contained therein.”

The judge told Bovino she would like to have all of the use-of-force reports and accompanying body camera video from Sept. 2 through last Saturday in her hands by the end of the day Friday.

Ellis then ordered Bovino to appear in court daily and provide a daily report.

“I would like to see you at 4:30 every day until the preliminary injunction hearing to see how the day went,” the judge said.

“Is that in person?” Bovino asked.

Ellis said yes, but the judge agreed to move Bovino’s scheduled appearances to 6 p.m. each day until the hearing, which is scheduled for Nov. 5. The TRO is in effect until Nov. 6.

After Bovino left the witness stand, Ellis denied a request by Bovino’s attorneys to stay a deposition he is scheduled to appear at later this week.

A large crowd of protesters gathered outside the courthouse, with some holding signs and chanting loudly, shortly after Bovino left.

Illinois House candidate Will Knapp, D-Chicago, was in the group and said he saw agents taking people from work sites last Friday.

“What I saw there was both courageous folks coming out making their voices heard but also cowardly agents senselessly tear-gassing a neighborhood using chemical weapons against American citizens,” Knapp told The Center Square.

Knapp is seeking the seat currently held by state Rep. Margaret Croke, D-Chicago. Croke filed nominating petitions Monday to run for Illinois Comptroller.

Gov. J.B. Pritzker chimed in during an event in Peoria, saying “ICE was in court today” and Bovino was “hauled in” before a judge.

Republican state Rep. Adam Niemerg, R-Dieterich, said Illinois Democrats are trying to protect criminal illegal aliens.

“No matter how careful they are in these instances, there’s still going to be videos by Illinois Democrats trying to put a narrative out there that puts ICE in a bad spot,” Niemerg said.

Statehouse Democrats have proposed enhancing Illinois’ migrant sanctuary laws Republicans say should be repealed.

Members of the two parties addressed the constitutionality of immigration enforcement during separate press conferences at the Illinois Capitol Tuesday.

State Rep. Lilian Jiménez, D-Chicago, said multiple courts have ruled that immigration enforcement officers have not acted in accordance with the Constitution.

“Multiple district courts have spoken, that these arrests are warrantless and they violate the Fourth Amendment. That is what we should be thinking about right now,” Jiménez said.

Jiménez said people should be free from illegal search and seizure.

Niemerg said the Fourth Amendment question is a legitimate one, but he said ICE is following the law.

“When you look at who has appointed these judges over the years on these immigration hearings and these proceedings, it usually all ends back to either a Biden administration official or a Pritzker administration official that makes these allegations against U.S. Immigration and Customs Enforcement,” Niemerg said.