A federal judge in Chicago, Sara Ellis, has approved the deposition of U.S. Border Patrol Commander Gregory Bovino following the use of chemical agents during immigration operations. The ruling came after Ellis issued a temporary restraining order prohibiting the use of tear gas and similar crowd control devices on protesters, journalists, and clergy, unless there was an immediate threat to others. The incidents in question occurred during a joint ICE and Border Patrol operation known as Operation Midway Blitz, which aimed to apprehend criminal illegal immigrants and fugitives with prior deportation orders.
Border Patrol official Kyle Harvick testified that agents used tear gas on October 12 in Albany Park on the city’s North Side and again on October 14 in the East Side neighborhood. Harvick argued that the gas was deployed because protesters in Albany Park were not peacefully protesting but instead interfering with an active immigration enforcement operation. In the East Side incident, Harvick stated that the crowd began throwing objects at agents before the gas was deployed, citing the need for self-defense.
Ellis questioned the appropriateness of using CS gas at Albany Park, to which Harvick responded that it was an enforcement action rather than a protest. The judge expressed concerns about oversight and accountability, noting that no agents had been disciplined for potential use-of-force violations since Operation Midway Blitz began. Harvick admitted that disciplinary actions had not been taken, raising questions about the chain of command and adherence to protocols.
Ellis ordered officials to preserve all video evidence, including body-camera footage, despite ICE’s assertion that some Broadview video may have been overwritten. She also directed the expansion of body-camera use across both agencies, emphasizing the importance of transparency and accountability in law enforcement. The hearing coincided with Illinois’ deadline to respond to the Trump administration’s Supreme Court petition regarding the National Guard’s deployment in the state.
Illinois argued that the troop deployment violated the state’s sovereignty and that there was no credible evidence of an organized rebellion in Illinois. Meanwhile, President Donald Trump has deployed the National Guard to several cities, including Los Angeles, Washington, D.C., and Memphis, Tennessee, claiming that the moves led to a reduction in crime. He has suggested invoking the Insurrection Act to address violent crime in Chicago and urged Illinois Governor JB Pritzker to request federal assistance.
The Insurrection Act of 1807 grants the president authority to deploy federal troops or National Guard members to suppress civil disorder, rebellion, or obstruction of federal law. It has been invoked around 30 times by approximately 10 presidents, with the most recent use being by George H. W. Bush during the 1992 Los Angeles riots. The broader implications of the case highlight tensions between federal law enforcement actions and state sovereignty, as well as the legal and ethical considerations surrounding the use of force in immigration operations.