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Judge Rebukes Border Patrol Over Tear Gas on Children, Exposing Deepening Federal-Judicial Rift in Chicago

Last updated: October 28, 2025 9:34 pm
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Judge Rebukes Border Patrol Over Tear Gas on Children, Exposing Deepening Federal-Judicial Rift in Chicago
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A federal judge in Chicago has delivered a sharp rebuke to a senior U.S. Border Patrol official, Gregory Bovino, for alleged repeated violations of court orders, specifically the indiscriminate use of tear gas, even against children near a Halloween parade. This escalating legal confrontation highlights the deepening conflict between federal immigration enforcement and judicial oversight in President Trump’s aggressive ‘Operation Midway Blitz’ in the city.

U.S. District Judge Sara Ellis on Tuesday chastised Gregory Bovino, a commander-at-large with U.S. Border Patrol, accusing his agents of overstepping legal boundaries during immigration enforcement operations in Chicago. The rebuke came after video evidence appeared to show federal agents, possibly including Bovino himself, deploying tear gas in residential areas, potentially violating a standing court order that limits its use against protesters and civilians.

The judge emphasized the gravity of the alleged violations, particularly an incident on Saturday in the residential neighborhood of Old Irving Park where tear gas was fired near children preparing for a Halloween parade. “Kids dressed in Halloween costumes, walking to a parade, do not pose an immediate threat for the safety of a law enforcement officer,” Ellis stated, adding that riot-control weapons cannot be used against them, as reported by Reuters.

Escalating Enforcement: ‘Operation Midway Blitz’ and Community Backlash

The recent incidents are part of President Donald Trump’s aggressive “Operation Midway Blitz” deportation campaign in Chicago, which has intensified federal immigration enforcement over the past two months. This push has led to numerous arrests across the city and sparked widespread protests, drawing significant criticism and legal scrutiny.

Plaintiffs, including protesters, faith leaders, and journalists, have filed a lawsuit against the administration, alleging that federal agents have repeatedly doused residents with gas and engaged in violent tactics. They claim agents have gone on a “neighborhood tour of Chicago,” attacking residents and routinely using tear gas without legal basis, according to court filings cited by Common Dreams.

Specific allegations brought forth in court filings detail a pattern of concerning behavior by federal agents:

  • In Old Irving Park, agents reportedly tackled residents and fired tear gas without warning, impacting families preparing for a Halloween parade. One witness testified to preparing to take his children to the parade when agents arrived and deployed tear gas.
  • Protesters accused agents of shooting chemical agents at close range and pointing a gun at a demonstrator while chanting “bang, bang” and “you’re dead, liberal.”
  • Another incident involved masked agents in an unmarked SUV firing tear gas canisters and attacking three people, including a 67-year-old American citizen, before filling the streets with tear gas.
  • Federal agents allegedly placed a U.S. citizen in a chokehold after he approached them and asked what they were doing, an action Bovino conceded would not be an appropriate use of force.

Bovino’s Personal Involvement and Contempt for Court

Commander Bovino himself faces direct accusations of violating court orders. A video submitted by plaintiffs reportedly showed him tossing a canister of gas at protesters last Thursday in a Chicago neighborhood known for its Mexican immigrant population. Plaintiffs argued that Bovino gave no audible warning before deploying the tear gas, despite the crowd not being violent or committing a crime.

When pressed by Judge Ellis regarding an earlier order requiring agents to wear body cameras, Bovino admitted he personally did not have one, stating, “I’ve not received a body-worn camera or the training,” despite claiming “99%” of personnel in Chicago were equipped. His public statements, such as “I take my orders from the executive branch” and questioning if “Judge Ellis got hit in the head with a rock like I did this morning?” suggest a disregard for judicial authority, a point highlighted by plaintiffs in court filings.

Judicial Orders and Future Implications

Judge Ellis has been unequivocal in her demands for accountability. She had previously issued an order on October 9, barring federal agents from using certain crowd-control tactics, requiring visible identification, and mandating that body cameras be turned on during enforcement activities and public interactions.

In response to the recent alleged violations, Judge Ellis issued several directives:

  • Bovino was ordered to obtain a body camera and complete training on its use by Friday.
  • He was mandated to appear in court every day for the following week, until November 5, when a hearing for a preliminary injunction is scheduled. This injunction aims to permanently prevent the indiscriminate use of riot weapons in Chicago.
  • All reports on use-of-force incidents and corresponding body camera footage must be submitted by Friday.

The Department of Homeland Security (DHS) has defended its agents’ actions. Spokesperson Tricia McLaughlin stated that agents were surrounded by a large group, with some individuals throwing fireworks and rocks, one of which reportedly struck Bovino in the head. McLaughlin asserted that agents issued warnings before deploying chemical agents.

Despite DHS’s defense, the judge’s actions underscore a critical legal and ethical battle over federal policing tactics. The repeated use of force against civilians, particularly near children, raises profound questions about the appropriate scope of federal authority and the protection of civil liberties within residential communities. The ongoing lawsuit seeks to prevent further brutality during demonstrations, asserting that the government is “inciting violence in peaceful residential neighborhoods in order to turn Chicago into the same ‘war zone’ it is” used to justify further federal deployment.

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