CHICAGO (WLS) — In many ways, Tuesday’s hearing did not live up to its billing.

Customs and Border Patrol Commander Gregory Bovino, did not, as the Department of Homeland Security had anticipated, “correct Judge Ellis of her deep misconceptions” regarding its Chicago-area immigration operation “Midway Blitz.” In fact, for all the bravado he showed upon leaving the courthouse Tuesday, inside, he showed little resistance as he acquiesced to all of Judge Sara Ellis’ orders.

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Surrounded by a large number of federal officers, Bovino left Chicago’s federal courthouse amidst a loud chorus of jeers and taunts directed at him by the assembled protesters. Bovino defiantly pumped his fist into the air and then saluted before driving off moments later.

But inside the courtroom, away from the cameras, it was a different story, as Bovino told Ellis, “We are on the same page. We will abide by the TRO.”

ABC7 Legal Analyst Gil Soffer analyzes what happened in the courtroom.

Bovino was ordered to appear in front of Ellis on Tuesday after images surfaced, showing him launching what appears to be a tear gas canister into a crowd of protesters in Little Village last week, without having previously given those assembled the two required warnings. It was an apparent violation of her temporary restraining order.

“A warning does not consist of saying, ‘get back’ or ‘leave.’ They must tell people what they are going to do before they do it so that people have the opportunity to comply. That isn’t what I have seen in any of these videos,” Ellis said.

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On Tuesday, DHS released body-worn camera footage of that incident. It shows, among other things, a man with a knife appearing to slash an official vehicle, and an object, which officials say is a rock, thrown toward Bovino and other agents. What the video fails to do is to show any audible warnings of what agents were about to do. It also appears to show a crowd that, while verbally abusive, was, for the most part, not physically engaging the agents.

ABC News’ Stephanie Ramos spoke with Customs and Border Patrol Commander Greg Bovino before his testimony.

But it was Saturday’s incident in Old Irving Park, where, in the aftermath of an immigration-related arrest, tear gas was deployed on a residential street, that appeared to outrage Ellis the most.

“Kids dressed in Halloween costumes walking to a parade do not pose an immediate threat. They just don’t. And you can’t use riot control weapons against them,” Ellis said.

In court, Ellis acknowledged that while she did not have all the facts, based on the videos she has seen, “it is difficult for me to see that the force being used is necessary to stop an immediate and serious threat.”

Ellis also stipulated to Bovino that if journalists are doing their job, they have to be allowed to do their jobs.

Ellis said DHS officials can use force in exigent circumstances, but otherwise, people in public places should be allowed to stay.

She said using riot control weapons such as tear gas on members of the press or protesters not posing an immediate threat is not permissible.

Through it all, Bovino remained mostly silent. Ellis walked him through the TRO sentence by sentence and ordered him to get fitted with a body-worn camera by Friday. But that was not all. Ellis ordered Bovino to:

Produce all previous use of force reports and associated video by Friday.
Produce all future use of force reports and associated video within 24 hours of finalization, and
Present in person to court every day at 6 p.m. between Wednesday and Nov. 5.

The weekday meetings between Ellis and Bovino will happen at 5:45 p.m.

“Asking a senior government representative to appear in court every single day at 6 o’clock is most certainly unusual. At the same time, it is also almost certainly within her powers,” said ABC7 Chief Legal Analyst Gil Soffer.

Nov. 5 is the date of the preliminary injunction hearing. Those daily meetings, said the judge, will be an opportunity for Bovino to brief her on the day’s activities. But while the plaintiffs were hoping that she would forbid agents from deploying chemical agents at all between now and then, she refused to go that far, saying she has no desire to run CBP.

Soffer said Ellis laid the groundwork for accountability during Tuesday’s hearing.

“She clearly believed that he had not been following government, had not been following her order… She really just wanted to hold him, hold him to it,” Soffer said. “The judge is really following a very careful and thoughtful approach here. It is making as clear as can be for the record and for the government exactly what she expects.”

But faith in the feds is in short supply from Chicago’s mayor.

“The Trump administration said they were going to go after the worst of the worst — criminals, individuals who have caused harm — and that’s not what’s happening. What is happening is Bovino is a barbaric individual. I just hope that this judge provides some level of accountability,” said Chicago Mayor Brandon Johnson.

Bovino is expected start his daily appearances with Ellis on Wednesday.

DHS Assistant Secretary Tricia McLaughlin issued a statement on the Little Village incident, saying, “On October 23, 2025, Border Patrol Agents conducted enforcement operations near 27th and Whipple Ave. A large crowd of 75 to 100 rioters surrounded law enforcement who set up a perimeter after agents were boxed in by a large box truck. Rioters then shot at agents with commercial artillery shell fireworks.

A Border Patrol transport van carrying illegal aliens attempting to get to the safety of the perimeter was then attacked. Border Patrol agents were able to secure the van and get it into the perimeter. The mob of rioters grew more hostile and violent, advancing toward agents and began throwing rocks and other objects at agents, including one that struck Chief Greg Bovino in the head.

Border Patrol agents repeated multiple warnings to back up and that chemical agents would be deployed if warnings were ignored. Riot control measures were deployed, including by Chief Bovino, and arrests were made. Agents properly used their training. The use of chemical munitions was conducted in full accordance with CBP policy and was necessary to ensure the safety of both law enforcement and the public.”

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