Border Patrol Chief Gregory Bovino is accused of hurling a tear gas canister during demonstrations against a sweeping immigration crackdown in Chicago, an act that allegedly violated a court order.
According to the complaint filed by group of protesters, journalists and clergy members against the Department of Homeland Security (DHS) on Thursday, Bovino “apparently threw tear gas into a crowd without justification” in Chicago’s Little Village neighborhood, breaking a standing order from U.S. District Judge Sara Ellis.
That order bars federal agents from using tear gas and other chemical agents on demonstrators unless they first deliver two warnings. It allows limited exceptions, when giving warnings isn’t practical or when a person presents an immediate danger to officers or bystanders.
Bovino is a top official with the U.S. Customs and Border Protection and is leading the federal enforcement effort in Chicago, where President Donald Trump has deployed federal troops to quell ongoing protests over ICE raids.
The lawsuit cited a Facebook video that allegedly shows Bovino lobbing an object toward protesters on Thursday morning. It’s not clear what happened in the moments leading up to the alleged incident, or if warnings were issued.
“Defendant Bovino appears to 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 filing said.
The Daily Beast has contacted DHS for comment.
The reported incident came more than six weeks into what ICE is calling “Operation Midway Blitz,” the Trump administration’s high-intensity immigration sweep targeting Illinois. The effort has so far resulted in more than 1,000 arrests since it was launched by DHS last month.
“This operation will target the worst of the worst criminal illegal aliens in Chicago,” DHS Assistant Secretary Tricia McLaughlin said in a press release at the time.
Hours before the lawsuit landed, Bovino told CBS News that the “use of force” by federal agents in the Chicago area “has been exemplary.”
“By exemplary, I would say the least amount of force necessary to accomplish the mission,” Bovino said.
The border patrol chief defended the use of force during clashes, saying: “If someone strays into a pepper ball, then that’s on them. Don’t protest, and don’t trespass.”
Judge Ellis has ordered Bovino to sit for a deposition and set a preliminary injunction hearing for Nov. 5.
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