tear gas

Appeals court blocks order requiring Bovino to brief judge on Chicago immigration sweeps

An appeals court intervened Wednesday and suddenly blocked an order that required a senior Border Patrol official to give unprecedented daily briefings to a judge about immigration sweeps in Chicago.

The one-page suspension by the U.S. 7th Circuit Court of Appeals came before Greg Bovino’s first scheduled, late afternoon meeting with U.S. District Judge Sara Ellis at the courthouse in downtown Chicago.

Ellis had ordered the meetings Tuesday after weeks of tense encounters and increasingly aggressive tactics by government agents working Operation Midway Blitz. It has produced more than 1,800 arrests and complaints of excessive force.

Bovino told Fox News that he was eager to talk to Ellis. But government lawyers, at the same time, were appealing her decision. Lawyers for news outlets and activists who say agents have used too much force, including tear gas, have until 5 p.m. Thursday to respond in the appeals court.

Ellis’ order followed enforcement actions in which tear gas was used, including in a neighborhood where children had gathered for a Halloween parade last weekend on the city’s Northwest Side. Neighbors had joined in the street as someone was arrested.

“Halloween is on Friday,” she said. “I do not want to get violation reports from the plaintiffs that show that agents are out and about on Halloween, where kids are present and tear gas is being deployed.”

Bovino defended agents’ actions.

“If she wants to meet with me every day, then she’s going to see, she’s going to have a very good firsthand look at just how bad things really are on the streets of Chicago,” Bovino told Fox News. “I look forward to meeting with that judge to show her exactly what’s happening and the extreme amount of violence perpetrated against law enforcement here.”

Meanwhile, prosecutors filed charges against Kat Abughazaleh, a Democratic congressional candidate, and five other people over protests at an immigration enforcement building in Broadview, outside Chicago. The indictment, unsealed Wednesday, alleges they illegally blocked an agent’s car on Sept. 26.

Abughazaleh said the prosecution was an “attempt to silence dissent.”

The Chicago court actions came as groups and officials across the country have filed lawsuits aimed at restricting federal deployments of National Guard troops.

President Trump’s administration will remain blocked from deploying troops in the Chicago area until at least the latter half of November, following a U.S. Supreme Court order Wednesday calling on the parties to file additional legal briefs.

The justices indicated they would not act before Nov. 17 on the administration’s emergency appeal to overturn a lower-court ruling that has blocked the troop deployments.

In Portland, Ore., a federal trial seeking to block a troop deployment got underway Wednesday morning with a police commander describing on the witness stand how federal agents at a U.S. Immigration and Customs Enforcement building repeatedly fired tear gas at nonviolent protesters.

In Chicago, Bovino, who is chief of the Border Patrol sector in El Centro, Calif., was to sit for a daily 5:45 p.m. briefing to report how his agents are enforcing the law and whether they are staying within constitutional bounds, Ellis said. The check-ins were to take place until a Nov. 5 hearing.

Ellis also demanded that Bovino produce all use-of-force reports since Sept. 2 from agents involved in Operation Midway Blitz.

The judge expressed confidence Tuesday that the check-ins would prevent excessive use of force in Chicago neighborhoods.

Ellis previously ordered agents to wear badges, and she has banned them from using certain riot control techniques against peaceful protesters and journalists. She subsequently required body cameras after the use of tear gas raised concerns that agents were not following her initial order.

Ellis set a Friday deadline for Bovino to get a camera and to complete training.

Lawyers for the government have repeatedly defended the actions of agents, including those from U.S. Immigration and Customs Enforcement, and told the judge that videos and other portrayals of enforcement actions have been one-sided.

Besides his court appearance, Bovino still must sit for a videotaped Thursday deposition, an interview in private, with lawyers from both sides.

Fernando writes for the Associated Press.

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Protesters at ICE facility object to barricades, agents detain multiple people

Federal agents detained multiple people Friday near an immigration facility outside Chicago that has frequently been targeted by protesters during President Trump’s administration’s surge of immigration enforcement this fall.

A crowd grew over several hours, some riled by newly installed barricades to separate them from law enforcement officers stationed outside the U.S. Immigration and Customs Enforcement processing facility in Broadview, about 12 miles (19 kilometers) west of Chicago.

Some protesters have aimed to block vehicles from going in or out of the area in recent weeks, part of growing pushback to a surge of immigration enforcement that begin in early September. Federal agents have repeatedly fired tear gas, pepper balls and other projectiles toward crowds and at least five people have faced federal charges after being arrested in those clashes.

Local law enforcement stepped up their own presence Friday, closing several streets around the facility and putting Illinois State Police officers wearing riot helmets and holding batons on patrol. The state police set up concrete barriers Thursday night to segregate protesters and designate spaces to demonstrate.

It was unclear how many people were detained Friday. One man was seen struggling on the ground with agents after he appeared to break through a line into the roadway and in front of a vehicle.

Mostly reporters and a handful of protesters stood within the designated protest zone in front of the ICE facility as helicopters hovered overhead.

“Every week, ICE escalates its violence against us,” said Demi Palecek, a military veteran and candidate for Congress. “With this level of escalation, it’s only a matter of time before someone is killed.”

Several demonstrators said they were frustrated by the designated protest zone, saying keeping them off public streets violated their First Amendment right to free speech. Others were angered by officers from local or state agencies standing shoulder-to-shoulder with federal officers, including Homeland Security Investigations, ICE, the Bureau of Prisons and others.

Most ignored the zone to protest on the other side of the facility, where Illinois State Police officers held them back.

Jonny Bishop, a 28-year-old former teacher from Palatine, Illinois, said attempting to designate a “free speech zone” infringes on protesters’ First Amendment rights.

“As the day went on, we were progressively pushed, not just by ICE but also by Broadview Police Department,” he said. “We’ve done these things peacefully…But our rights are being violated.”

Bishop, from a Mexican immigrant family, said he has been hit by tear gas and pepper balls at previous protests. He said the main contrast between Friday’s protests and earlier efforts is local, county and state law enforcement agencies working alongside federal agents.

“ICE acts with impunity,” he said. “They know that they can shoot at us. They can tear gas us. And Broadview Police Department is not going to do anything.”

At one point, state police officers joined Border Patrol in advancing toward protesters, forming a larger perimeter around the building. Some protesters yelled in law enforcement officers’ faces while the officers grabbed them by the shoulders and pushed them back.

Fernando and O’Connor write for the Associated Press. O’Connor reported from Springfield, Ill. AP journalists Erin Hooley and Laura Bargfeld contributed to this report.

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