DHS accused of violating court order in Little Village immigration crackdown

Video show Border Patrol chief's use of chemical agent despite temporary restraining order

Border Patrol commander Gregory Bovino will be deposed after he was seeing deploying chemical agents during immigration operations in Chicago, potentially violating a temporary restraining order.

CHICAGO - The Chicago Headline Club and other plaintiffs accused federal agents of violating a federal court's temporary restraining order during immigration enforcement operations in Little Village this week, alleging the use of excessive force and tear gas against nonviolent protesters.

What we know:

In court filings Thursday, plaintiffs said U.S. Customs and Border Protection agents used chemical spray, physical force and made unlawful arrests during a series of encounters with residents Wednesday in Little Village. The filings cited specific incidents where agents allegedly tackled a woman recording video and CBP Chief Greg Bovino deployed tear gas into a peaceful crowd.

The plaintiffs claimed these actions violate several parts of a temporary restraining order issued by U.S. District Judge Sara L. Ellis, which prohibits federal agents from using force or chemical agents on people who do not pose an immediate threat. The temporary restraining order also requires visible identification by agents during enforcement operations.

Also in the court filing, Ald. Byron Sigcho-Lopez, who said he witnessed the altercations, reported that agents ignored his warnings that their actions breached the order.

Federal agents in Little Village

Dig deeper:

During the immigration enforcement Wednesday, Ald. Michael Rodriguez (22nd Ward) said the agents detained two members of his staff, Jacqueline Lopez and Elianne Bahena, the alderman’s chief of staff who also serves as an elected police commissioner.

Both staff members are U.S. citizens, Rodriguez said.

"All residents have the right to peacefully observe ICE/CBP activity. The federal government continues to claim that those who exercise their rights are breaking the law – these claims have been repeatedly proven as false," Rodriguez said in a statement.

The alderman added that the agents were "operating lawlessly, demonstrating utter disregard for our constitutional rights."

According to community members, a total of eight people were taken into ICE custody.

By Wednesday evening, city officials confirmed that Lopez, Bahena, and others detained during the incident were released from ICE custody after seven hours.

Tensions flare in Little Village

Tensions flare once again today in Little Village and it was all caught on camera.

Case goes to court

What's next:

The court has expanded the scope of an upcoming preliminary injunction hearing set for Nov. 5 to include the alleged use-of-force incidents in Little Village. Federal officials have also been ordered to preserve all body camera footage from operations connected to "Operation Midway Blitz," the ongoing federal initiative that has drawn criticism from civil rights groups.

Before the preliminary injunction hearing, Bovino will have to participate in a 5-hour deposition. Former ICE Chicago Field Director Russell Hott and CBP Deputy Chief Patrol Agent Daniel Parra will be required to attend 3-hour-long depositions.