Witnesses describe fear, force at Chicago hearing on border patrol conduct

Witnesses describe fear, force at Chicago hearing on border patrol conduct

After an all-day hearing with testimony from more than a dozen witnesses, Judge Sara Ellis will announce a key ruling in the case on Thursday morning.

CHICAGO - A high-stakes court hearing at the Dirksen Federal Building in Chicago on Wednesday focused on allegations of excessive force involving U.S. Border Patrol agents.

Chief Border Patrol Agent Gregory Bovino did not appear in person, but portions of his recent depositions were presented in court.

After an all-day hearing with testimony from more than a dozen witnesses, Judge Sara Ellis will announce a key ruling in the case on Thursday morning. 

What we know:

Wednesday's preliminary injunction hearing boiled down to a temporary restraining order that has prohibited Bovino and his agents from using excessive force against demonstrators and journalists. 

At 11:30 a.m. Thursday, the order expires. Now, Judge Ellis must decide whether she will extend it indefinitely or let the clock run out. 

Attorneys for the plaintiffs have argued that the defendants, including Bovino, have repeatedly violated the order. 

Several community members and local officials who were present during anti-ICE protests in Broadview testified during Wednesday's hearing. 

Rev. David Black, senior pastor of First Presbyterian Church in Woodlawn, said he was in Broadview on Sept. 19 ministering to protesters and speaking with federal agents positioned on the roof of the ICE processing facility.

During his testimony, Black said he told the agents, "God damn you," and shortly after was struck twice in the head with pepper balls.

Government attorneys argued that Black was on federal property when the incident occurred.

Plaintiffs’ attorneys asked whether the agents had issued a warning before firing, and Black said they had not.

Some of the demonstrators who testified recounted how they were taken into custody by federal agents. Video shows one man, Juan Munoz, who is an Oak Park trustee, being pushed to the ground by Bovino before he was arrested. 

Community members who testified said they are still fearful after experiencing the deployment of tear gas and pepper balls — and for some, after being detained. 

In a taped deposition played as evidence on Wednesday, Bovino described the agents’ use of force as "exemplary" — calling demonstrators who have "impeded" ICE operations a "violent mob."

In one video shown during the hearing, Bovino was captured telling his agents to "arrest as many people as possible if they touch you… this is our [expletive] city."

Attorneys for the plaintiffs — which include several Chicago media organizations — allege that Bovino and other defendants created their own pretext for operating in the area and argue that demonstrators have been violently attacked for their speech. They also claimed during closing arguments on Wednesday that the defendants "lied" on the witness stand. 

An attorney for the government argued: "There is a point in time where speech, because of conduct, is no longer protected by the First Amendment."

What's next:

Wednesday's hearing ended just before 6:30 p.m.

Judge Ellis will issue an oral ruling on the temporary restraining order at 10 a.m. Thursday, followed by a more detailed written option.