Judge weighs extending restrictions on Border Patrol’s use of force

CHICAGO (WGN) — A federal judge on Wednesday listened to testimony as she weighs whether to extend restrictions on the actions of U.S. Border Patrol agents. 

U.S. District Judge Sara Ellis previously ordered Border Patrol agents to stop using “riot control” measures like tear gas on protesters, the press, and others. On Nov. 5, Ellis heard testimony about agents who have violated that order—and the U.S. Constitution. 

The hearing centers on the aggressive tactics used by agents as part of the Trump administration’s deportation campaign known as “Operation Midway Blitz.”

There have been multiple complaints that agents have trampled on the Constitution by using tear gas and excessive force on non-violent, but vocal demonstrators who oppose the policies. 

In the case of the Chicago Headline Club versus the Department of Homeland Security and DHS Secretary Kristi Noem, plaintiff’s lawyers are seeking an injunction to rein in the behavior. 

Plaintiffs’ attorney Craig Futterman opened the hearing, saying: “We have children, parents, and grandparents who will forever be afraid to exercise their very rights that make this country great, assaulted by the very people assigned to protect those freedoms.

“This case isn’t about a few one-off incidents. It’s about their practices: targeting journalists, targeting clergy, and people exercising their constitutional rights.”

But Department of Justice attorney Sarmad Khojasteh argued that the judge should consider the actions.

“This case addresses, to what extent, does the freedom of speech protect people throwing rocks, bottles, trespassing, pinning down law enforcement, slashing tires, wielding weapons. What these folks are doing is not speech,” Khojasteh countered.

Judge Ellis listened to testimony from a parade of witnesses who described excessive force used without warning. Many who took the stand said it created a climate of fear for protesters. O

One was Chicago Ald. Julia Ramirez (12th Ward). 

“Seeing the agent with his gun was pretty terrifying,” she said.

Another was Reverend David Black, who testified he was “warning the officers of the spiritual consequences of their actions and calling them to repentance” when he was shot in the head and at least half a dozen more times with a pepper ball. 

Snippets of Border Patrol Chief Gregory Bovino’s deposition were played in court. In several instances, he describes situations in which video challenges his accounts. 

In an interview with NewsNation on Wednesday, Bovino was seen wearing a body camera. 

“I’ve been doing a lot of courtroom testimony and depositions and haven’t been in the field that much but with what I see, typically in the field, some of those tough things that our agents are up against, this bodycam is going to capture that. I think body cam is a fantastic tool to help catch criminals, help catch illicit activity, bad people and bad things,” Bovino said.

In the deposition, Bovino said that all uses of force by his agents have been “more than exemplary.” He echoed his deposition in the NewsNation interview, saying his agents will continue to use gas. 

“Our less lethal tools, such as the CS gas, or any other less lethal tool is a tool in the tool belt and we maintain those tools and we use them legally, ethically, and morally now as we always have,” Bovino said..

As proceedings continued into Wednesday evening, Judge Ellis is considering extending the restraining order through Wednesday, Nov. 19