Nearly 3K arrested in Chicago immigration crackdown, CBP Chief Bovino says ahead of testimony
In a late Monday night filing, attorneys are now asking a judge to block federal immigration agents from using tear gas in Chicago.
The filing asks a judge to modify the current temporary restraining order in place to block agents from using tear gas until a court decides what to do.
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Right now, agents can use measures like tear gas under limited circumstances.
But attorneys are accusing agents of violating the current agreement, specifically pointing to incidents over the last week in Little Village, Lakeview and Old Irving Park.
In the court filing, attorneys say they have gotten several calls from people concerned about health impacts.
Among them is the husband of a pregnant woman who says they’re concerned for their unborn child’s health after tear gas made its way into their home.
In response to the new filing, the Department of Homeland Security responded with a statement saying, in part, “rioters and terrorists have opened fire on officers, thrown rocks, bottles, and fireworks at them” and that “ICE officers are facing a nearly 1000% increase in assaults against them… as they put their lives on the line to arrest murderers, rapists, and gang members.”
This comes as U.S. Customs and Border Patrol Commander Gregory Bovino is set to face a federal judge Tuesday.
In an interview with ABC News on Monday, Bovino told ABC News nearly 3,000 people have been arrested in Chicago so far since the immigration crackdown began last month.
Bovino also explained his agency’s rationale for using chemical agents against protesters. Many have criticized the legalities on how arrests have been made, including claims that no audible warnings are given before tear gas is deployed.
It was just last Thursday, in Little Village, when Bovino, the public face of DHS’ immigration operation “Midway Blitz” was captured throwing what appeared to be a tear gas canister into a crowd of people protesting federal agents’ presence in the neighborhood. On Tuesday, Bovino will have to explain his actions to Judge Sarah Ellis. But an interview given to ABC News may offer a glimpse of what we can expect to hear.
“When we utilize force in law enforcement… it’s the least amount of force necessary to affect an arrest or to affect the successful outcome of any given mission that we’re on,” Bovino said.
He says chemical agents are among those techniques.
“Whether it’s the use of tear gas. Or the use of hand techniques or any use of force by law enforcement, that’s that least amount of force necessary to positively affect the outcome of that mission. And that’s what we do here in Chicago,” Bovino said.
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At the time, DHS justified Bovino’s actions, saying he had been hit in the head by an object protesters threw at him. Court documents filed on Sunday by the parties suing the agency said, in no uncertain terms, “This statement is a lie.”
The plaintiffs added that DHS has engaged in a pattern of making up things that do not exist to justify their actions, while also engaging in violence to provoke a reaction. Additional photographs and videos from the confrontation were among the court filings. One of them shows an agent directly shooting a pepper ball at a heckler.
“Did you follow my instruction? Did you follow my order? And if you didn’t follow my order, why not?” said former Federal Prosecutor Christopher Hotaling.
Those are some of the questions Hotaling believes Ellis will ask Bovino on Tuesday as she seeks to determine whether he has, as accused, violated the TRO she issued against the indiscriminate use of chemical agents without prior warning.
Ellis is expected to look at two key elements. One is whether or not Bovino had his body-worn camera activated and the other is if he gave at least two audible warnings before deploying tear gas. Both are required.
“She could ask for all the bodycam footage,” Hotaling said. “That bodycam footage is perhaps the single best evidence of what is happening on a particular scene at any given time.”
Hotaling said if Ellis does not believe Bovino based on the evidence presented, she has the option of pursuing contempt proceedings against him. DHS, meanwhile, has said they look forward to having Bovino testify in front of Ellis. That hearing is scheduled for Tuesday at 10 a.m.
More court filings about agents’ alleged use-of-force
While Bovino offered his justifications for using chemical agents on protesters, court documents filed on Sunday and Monday made it clear that those suing DHS for its agents’ tactics are not buying it
What was supposed to be a Halloween parade in Old Irving Park turned to chaos as Immigration and Customs Enforcement agents appeared to deploy tear gas through residential streets over the weekend.
Outrage was sparked by the arrest of construction worker, Luis Villegas, whose family says he was working on a now-unfinished project before he was chased down and arrested by federal agents.
In a court filing Monday afternoon, the plaintiffs have alleged additional TRO violations in connection with Saturday’s incident.
The filing alleges that CBP agents “ruined what should have been an ordinary Saturday morning” in the Old Irving Park neighborhood, where children “were preparing for a Halloween parade.”
The plaintiffs allege that agents “unleashed violence, tackling at least three people” including one that they say is approximately 70 years old.
After the agents made arrests and were leaving the scene and “without any audible warning, agents deployed tear gas,” the plaintiffs allege.
In another court filing Monday, plaintiffs contended that federal agents “used tear gas in a residential neighborhood multiple times and without warning” on Friday “subjecting many people to significant risk and harm,” alleging more violations of the TRO.
In Friday’s incident in the Lakeview neighborhood, the plaintiffs allege that an agent threw two tear gas cannisters out the window of a vehicle toward a group of “non-violent” people who were filming and blowing whistles in protest of the immigration enforcement activity.
“Without any verbal warning, and without any threat to the officers, an agent in the SUV going backwards threw a tear gas canister out of the window of the car directly at a group of people. Almost immediately after, what appears to be the same agent threw a second tear gas canister out of the vehicle window at the same group of residents in the street. As before, no warning was given before the second canister was deployed,” the plaintiffs court filing states.
DHS’s full statement:
“The First Amendment protects speech and peaceful assembly – not rioting. DHS is taking reasonable and constitutional measures to uphold the rule of law and protect our officers. ICE officers are facing a nearly 1000% increase in assaults against them as they put their lives on the line to arrest murderers, rapists, and gang members.
ICE and CBP are trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and themselves. Our officers are highly trained in de-escalation tactics and regularly receive ongoing use of force training.
We remind peaceful protestors and members of the media to exercise caution. Being near unlawful activities in the field does come with risks – though our officers take every reasonable precaution to mitigate dangers to those exercising their protected First Amendment rights.
However, when faced with violence or attempts to impede law enforcement operations, our officers will take legal and necessary steps to ensure their own safety and that of bystanders, up to and including use of force.
Keep in mind that rioters and terrorists have opened fire on officers, thrown rocks, bottles, and fireworks at them, slashed the tires of their vehicles, and have destroyed multiple law enforcement vehicles. Others have chosen to ignore commands and have attempted to impede law enforcement operations and used their vehicles as weapons against our officers. Despite these grave threats and dangerous situations our law enforcement is put in they show incredible restraint in exhausting all options before any kind of non-lethal force is used.”
ABC News contributed to this report.
