A federal judge in Chicago has sharply questioned the conduct of a senior official of the U.S. Border Patrol over recent incidents in which chemical crowd-control tactics appear to have been used in residential neighbourhoods — potentially in violation of a court-mandated order.
The Legal Framework and Incident
Sara Ellis, U.S. District Judge for the Northern District of Illinois, cited video evidence and reports suggesting that federal immigration enforcement teams deployed tear gas in a crowd without issuing the mandatory warnings first. The judge’s existing temporary restraining order requires federal agents to deliver two warnings, when feasible, before using “riot control weapons” such as tear gas.
In one of the spotlighted incidents, the judge noted that children in Halloween costumes were present in the area where the chemical weapons were reportedly used, remarking:
“Kids dressed in Halloween costumes walking to a parade do not pose an immediate threat to the safety of a law enforcement officer.
The Official Under Scrutiny
The senior official in question is Gregory Bovino, who is leading the operation known as Operation Midway Blitz in Illinois — a wide-ranging immigration enforcement campaign under the Trump administration.
During Tuesday’s hearing, the judge asked Bovino if the facts in the video would, in her view, violate the terms of her restraining order. He replied, “That’s correct, ma’am.”
The Oversight Measures Ordered
Judge Ellis responded by imposing unprecedented oversight measures:
- Bovino must appear in court daily at 6 p.m. until the next hearing on Nov 5, to provide updates on enforcement operations.
- He must submit all use-of-force reports from Sept 2 through Oct 25, and ensure all agents are wearing visible identification and, where possible, body-worn cameras.
- The judge made clear that continued use of tear gas without justification or transparency may lead to a full ban. “If they’re using tear gas, they better be able to back it up. And if they can’t, they are going to lose that as something they can use.”
Broader Implications
The hearing reflects growing judicial concern about the use of aggressive enforcement tactics by federal immigration agencies in urban settings. Experts note that agencies like the Border Patrol may lack the same training and protocols for crowd-control and protest scenarios as municipal police departments.
For residents of Chicago, particularly in predominantly immigrant communities where the enforcement operation is underway, the oversight order may represent an important safeguard against unchecked use of force.
What to Watch Going Forward
- Whether the required body-camera footage and force-report logs are produced on schedule and what they reveal.
- Whether the operations adjust to comply with the judge’s order — e.g., better identification, fewer chemical deployments in neighbourhood settings.
- Whether the judge will extend or modify the order beyond the Nov 5 hearing, potentially issuing a permanent injunction.
- The impact on community-law enforcement relations in Chicago, especially as protests and enforcement continue.

