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Bovino under fire for using “Operation Midway Blitz” methods in Chicago

U.S. District Judge Sara Ellis summoned Border Patrol Head Gregory Bovino, who is running the government’s most disputed operation “Operation Midway Blitz,” to come to her courtroom daily after hearing about the use of excessive force and tear gas in the Windy City. The order was given during a grapple hearing on Tuesday at the Dirksen Federal Courthouse where the accusations alleging that the agents disobeyed the court orders limiting the use of “riot control” weapons were getting louder.

The case derives from a lawsuit made by a group of media outlets which claimed that federal agents were doing the following: protesting, targeting journalists, and bystanders. The court previously ruled that agents are not to use tear gas and other similar weapons unless they first give two warnings and then, only if they are in areas where there is an immediate threat of violence, are they allowed to use the weapons on those persons.

“They don’t have to like what you’re doing. That’s what democracy is,” Judge Ellis said to Bovino, while talking about the right of the protesters to express their discontent. “They can protest the same way they can protest… But then, they still cannot be subjected to teargassed for it.”

Judge Puts New Restrictions on Use of Force

Judge Ellis indicated that her control over the enforcement actions does not mean immigration law has not been enforced. It only means that it has been done according to legal standards. “My role is simply to see that any enforcement of those laws is done in a manner that is consistent with your obligations under the law,” she remarked. Starting now, Bovino will have to come to court every morning at 6 a.m. to tell the judge what operations the agency has been up to.

During the session, Ellis also instructed Bovino to deliver all use-of-force documents and body-worn camera videos from September 2 to the present. She suggested that he also start wearing a body camera. “The camera is your friend,” she remarked directly, after it was revealed that Bovino was not wearing one. “Why don’t you get one for yourself by Friday?” Bovino answered, “We can get that for you.”

Tear Gas Use Provokes a Ruling from the Judge

The circumstances surrounding the hearing included an allegation that the federal agents had thrown tear gas into the Chicago areas where Halloween celebrations were taking place: Old Irving Park was one such place where the children in costumes were reportedly affected by the fumes. “Those kids were in their Halloween costumes,” Ellis said. “You can imagine, their feeling of security was completely ruined.”

Bovino was somewhat defensive about the conduct of his agents and he said: “Each situation is dependent on the situation. I’d like to hear more about what happened.” However, the judge also told federal lawyers that if the gas continued to be used it would soon be banned. “If they are using the gas, they better have a solid reason for doing so,” she said. “If not, it will no longer be one of their options.”

Govt. Barricade, Recognition, and Unrest Between Feds and Locals

Ellis constantly stressed the necessity of being accountable and being transparent. She insisted that journalists should have free access and that all agents should wear visible identities at all times. Bovino concurred and added that he had given orders to the officers that they should have their IDs “in an easily seen place,” and Ellis elaborated that there should be at least two places where the IDs can be seen on the agents’ uniforms.

The clash in the courtroom took place when President Trump was heightening his language about crime in “blue cities” like Chicago and he even warned that he might send “more than the National Guard.” Some members of the Guard have already been sent to Illinois, but none of them are on the streets.

Around the courthouse, demonstrators brandished posters with the words “Stop ICE Cruelty” and “Judge Sara Ellis is a Boss,” while inside the courtroom, Ellis’s clear voice was the one that continued the federal immigration enforcement subject to the judicial monitoring. From now on, with the judge’s requirement for daily reports, it was made clear that the regulation and compliance—not scare tactics—would be the defining factors for the future of Operation Midway Blitz in Chicago.

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