Border Patrol chief Gregory Bovino accused of violating restraining order by throwing tear gas in Little Village

U.S. Customs and Border Protection Commander Gregory Bovino is accused of violating a temporary restraining order blocking federal agencies from using certain tactics to suppress protests or prevent media coverage of immigration enforcement operations in Illinois.

The same group of journalists and First Amendment advocates that obtained the TRO earlier in October filed a notice of alleged violation to U.S. District Court Judge Sara Ellis after Bovino was caught on video throwing at least one canister of tear gas during a confrontation between federal agents and protesters in Chicago’s Little Village neighborhood.

The video, which was streamed live to Facebook, was taken near the Discount Mall at 26th and Whipple on the Southwest Side. Protesters and residents confronted CBP tactical agents as they tried to conduct immigration enforcement at that site.

In the video, Bovino can be seen in uniform, but no headgear, pulling out a canister of tear gas and tossing it into the crowd of protesters over the heads of other agents. As the camera begins to move away, he can be seen pulling another canister of tear gas off his belt.

The CBS Confirmed team has reviewed the video and verified that it shows Bovino at the site of the Little Village confrontation today.

In their filing, the plaintiffs include a screenshot from the same video, and say it shows Bovino throw “either one or two tear gas canisters over the heads of armed federal agents in front of him and in the direction of a crowd of individuals protesting, including an individual filming the encounter.”

The plaintiffs argue this violates “multiple paragraphs” of the court’s Oct. 9 order, which prohibits federal agents from arresting, threatening to arrest or using physical force against journalists unless there is probable cause to believe the individual has committed a crime. It also prohibits them from issuing crowd dispersal orders, without exigent circumstances, requiring people to leave a public place where they otherwise have a lawful right to be.

The order also prohibits these federal agencies from using various types of riot control weapons, including tear gas and other kinds of noxious gas, as well as various kinds of “less-lethal” weapons and ammunition.

In a separate filing, the plaintiffs accused several other agents involved in the Little Village confrontation of violating the same court order regarding the use of force.

“Several agents failed to wear prominently displayed, visible identification during the interaction. Then, a masked officer wearing no unique identifier told the residents, without explanation to ‘clear the area,’ although they were not obstructing any person or vehicle,” the filing states. “Suddenly, four or five officers, including Bovino, confronted a woman who was standing and recording. As officers start to surround her, Bovino asked, “What’d you say? Did you make a threat?” After she denied making a threat, Bovino instructed the officers to take her phone.”

The plaintiffs said agents then grabbed that woman by her shoulders and chest, pulled her to the ground, and put a knee on her back to hold her down.

On Thursday afternoon, Bovino talked with CBS News about Operation Midway Blitz, and defended his agency’s tactics, saying federal agents in Chicago have made nearly 2,700 arrests since Sept. 6 and used “exemplary” force amid what he called “absolute chaos in the streets.”

“We’ve arrested a lot of very bad individuals: Latin Kings members, bona fide terrorists, and things like that,” Bovino told CBS News.

In court Monday, Judge Ellis ordered Bovino be deposed along with Deputy Chief Patrol Agent Daniel Parra and former CE Chicago Field Office Director Russell Holt about agents’ use of force during the immigration crackdown, despite her order to use discretion when using chemical agents on protesters and journalists.

Before the latest filings accusing Bovino and other agents of violating her restraining order, Ellis extended the time of Bovino’s deposition from two hours to five hours, and Parra’s and Hott’s depositions from two hours to three hours. She also ordered both sides in the case to “include the use of force incidents by [Customs and Border Protection] in the neighborhood of Little Village” on Wednesday and Thursday ahead of the next previously scheduled hearing in the case on Nov. 5.

Also Thursday, Illinois Gov. JB Pritzker signed an executive order to establish the Illinois Accountability Commission, which will serve as a permanent record of alleged civil rights abuses by federal agents in Chicago.

Pritzker told CBS News, in an exclusive interview, the state is documenting “unlawful attacks” by ICE and U.S. Customs and Border Protection officers under Operation Midway Blitz.   

The governor said the task for will consist of nine people to capture and create and public record of federal law enforcement and, ultimately, recommend actions to hold the federal government accountable for the operations taking place here. Pritzker said hundreds of videos and firsthand accounts have already been collected and will be preserved to be used in future legal proceedings. 

CBS News Chicago has reached out to the Department of Homeland Security for comment and are waiting for their reply. 

Nicole Sganga

contributed to this report.