A senior U.S. Border Patrol officer defied a court order restricting the use of tear gas during demonstrations in Chicago against President Donald Trump’s immigration policies, according to a group of journalists, protesters and clergy.
A court filing alleges Gregory Bovino, the U.S. Customs and Border Protection commander overseeing the federal enforcement effort in Chicago, “apparently threw tear gas into a crowd without justification” during a protest in Chicago’s Little Village neighborhood.
Newsweek has contacted Border Patrol and DHS for comment via email.
Why It Matters
The allegation raises fresh concerns about the enforcement of court-ordered limits on federal law enforcement tactics and the broader accountability of agencies involved in immigration enforcement.
What To Know
The filing references a Facebook video — viewed by Newsweek — that allegedly shows Bovino throwing an object toward demonstrators during a protest on Thursday.
“In the video, Defendant Bovino appears to throw either one or two tear gas canisters over the heads of armed federal agents in front of him and in the direction of a crowd of individuals protesting, including an individual filming the encounter,” the filing states.
According to the plaintiffs — a coalition of journalists, protesters and clergy — Bovino’s actions breached a restraining order issued by U.S. District Judge Sara Ellis. The order limits agents’ crowd control tactics and use of force at Chicago demonstrations, though it allows exceptions if officers face a direct threat. The footage, however, does not clearly show what preceded the alleged incident or whether any warnings were given.
Just hours before the filing was submitted, Bovino defended his agency’s conduct in an interview with CBS News. “The use of force I’ve seen has been exemplary. By exemplary, I would say the least amount of force necessary to accomplish the mission,” he said.
Bovino is one of more than a dozen senior administration officials named in an ongoing lawsuit that accuses federal agents of carrying out “a pattern of extreme brutality” intended to “silence the press and civilians.”
The alleged violation comes amid “Operation Midway Blitz” — a Trump administration immigration enforcement campaign launched in Chicago in early September, which has resulted in over 1,000 arrests. Bovino has been leading the federal crackdown.
The operation has sparked growing scrutiny over federal tactics. Last week, Judge Ellis ordered agents equipped with body cameras to activate them during immigration enforcement and public interactions.
The Trump administration has defended the actions of Bovino and other officers at the protest. “Agents properly used their training. The use of chemical munitions was conducted in full accordance with CBP policy and was necessary to ensure the safety of both law enforcement and the public,” Assistant DHS Secretary Tricia McLaughlin said in a statement.
What People Are Saying
Assistant DHS Secretary Tricia McLaughlin said in a statement: “On October 23, 2025, Border Patrol Agents conducted enforcement operations near 27th and Whipple Ave. A large crowd of 75 to 100 rioters surrounded law enforcement who set up a perimeter after agents were boxed in by a large box truck. Rioters then shot at agents with commercial artillery shell fireworks.
“A Border Patrol transport van carrying illegal aliens attempting to get to the safety of the perimeter was then attacked. Border Patrol agents were able to secure the van and get it into the perimeter. The mob of rioters grew more hostile and violent, advancing toward agents and began throwing rocks and other objects at agents, including one that struck Chief Greg Bovino in the head.
“Border Patrol agents repeated multiple warnings to back up and that chemical agents would be deployed if warnings were ignored. Riot control measures were deployed, including by Chief Bovino, and arrests were made. Agents properly used their training. The use of chemical munitions was conducted in full accordance with CBP policy and was necessary to ensure the safety of both law enforcement and the public.”
What Happens Next
Bovino has been ordered to attend a court hearing on November 5.
