CHICAGO (WLS) — ABC News is hearing from Border Patrol Commander Gregory Bovino on Monday, in advance of his much anticipated testimony on Tuesday.
In that interview, Bovino explains his agency’s rationale for using chemical agents against protesters. But court documents filed on Sunday made it clear that those suing the Department of Homeland Security for its agents tactics are not buying it.
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Bovino told ABC News nearly 3,000 people have been arrested in Chicago so far since the immigration crackdown began last month. Many have criticized the legalities on how arrests have been made including claims that no audible warnings are given before tear gas is deployed.
It was just last Thursday, in Little Village, when Bovino, the public face of DHS’ immigration operation “Midway Blitz” was captured throwing what appeared to be a tear gas canister into a crowd of people protesting federal agents’ presence in the neighborhood. On Tuesday, Bovino will have to explain his actions to Judge Sarah Ellis. But an interview given to ABC News may offer a glimpse of what we can expect to hear.
“When we utilize force in law enforcement… it’s the least amount of force necessary to affect an arrest or to affect the successful outcome of any given mission that we’re on,” Bovino said.
He says chemical agents are among those techniques.
“Whether it’s the use of tear gas. Or the use of hand techniques or any use of force by law enforcement, that’s that least amount of force necessary to positively affect the outcome of that mission. And that’s what we do here in Chicago,” Bovino said.
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At the time, DHS justified Bovino’s actions, saying he had been hit in the head by an object protesters threw at him. Court documents filed on Sunday by the parties suing the agency said, in no uncertain terms, “This statement is a lie.”
The plaintiffs added that DHS has engaged in a pattern of making up things that do not exist to justify their actions, while also engaging in violence to provoke a reaction. Additional photographs and videos from the confrontation were among the court filings. One of them shows an agent directly shooting a pepper ball at a heckler.
“Did you follow my instruction? Did you follow my order? And if you didn’t follow my order, why not?” said former Federal Prosecutor Christopher Hotaling.
Those are some of the questions Hotaling believes Ellis will ask Bovino on Tuesday as she seeks to determine whether he has, as accused, violated the temporary restraining order she issued against the indiscriminate use of chemical agents without prior warning.
Ellis is expected to look at two key elements. One is whether or not Bovino had his body-worn camera activated and the other is if he gave at least two audible warnings before deploying tear gas. Both are required.
“She could ask for all the bodycam footage,” Hotaling said. “That bodycam footage is perhaps the single best evidence of what is happening on a particular scene at any given time.”
Hotaling said if Ellis does not believe Bovino based on the evidence presented, she has the option of pursuing contempt proceedings against him. DHS, meanwhile, has said they look forward to having Bovino testify in front of Ellis. That hearing is scheduled for Tuesday at 10 a.m.
In another incident, what was supposed to be a Halloween parade in Old Irving Park turned to chaos as Immigration and Customs Enforcement agents appeared to deploy tear gas through residential streets over the weekend.
Outrage was sparked by the arrest of construction worker, Luis Villegas, whose family says he was working on a now-unfinished project before he was chased down and arrested by federal agents.
In a court filing Monday afternoon, the plaintiffs have alleged additional TRO violations in connection with Saturday’s incident.
The filing alleges that CBP agents “ruined what should have been an ordinary Saturday morning” in the Old Irving Park neighborhood, where children “were preparing for a Halloween parade.”
The plaintiffs allege that agents “unleashed violence, tackling at least three people” including one that they say is approximately 70 years old.
After the agents made arrests and were leaving the scene and “without any audible warning, agents deployed tear gas,” the plaintiffs allege.
ABC News contributed to this report.
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