Federal appeals court pauses daily Border Patrol chief check-ins

It’s been another week of back-and-forth legal maneuvers in an attempt to thwart the Trump administration’s Chicago immigration sweeps, dubbed Operation Midway Blitz.

A federal judge’s court order requiring daily check-ins from the U.S. Border Patrol commander leading immigration efforts in Chicago was put on hold on Wednesday.

The 7th Circuit Court of Appeals ordered the pause about an hour before the first scheduled meeting to take place the same day.

The U.S. Department of Justice on Wednesday appealed Judge Sara Ellis’ order for Border Patrol Commander-at-large Greg Bovino to meet with her every day on immigration operations in Chicago. The appeals court granted the request pending further review.

But Bovino was back at the Dirksen Federal Courthouse Thursday to give a sworn, closed-door deposition on the federal agents’ tactics, including the use of chemical agents and nonlethal force, to curb violent protestors, WGN-TV News reported.

Bovino said he welcomed the daily check-ins with Ellis, adding he looked forward to telling the judge how bad things are on the streets of Illinois’ Windy City.

“I look forward to meeting with that judge to show her exactly what’s happening and the extreme amount of violence perpetrated against law enforcement here,” Bovino told Fox News’ Harris Faulkner Wednesday morning.

At the same time, government lawyers were appealing her decision, calling it “extraordinarily disruptive,” Fox News reported. The DOJ has accused Ellis of overreach, arguing she exceeded her judicial role by “supervising and micromanaging the day-to-day operations of an Executive Branch law-enforcement agency.”

Bovino, who also led efforts in California over the summer, moved to the Midwest to coordinate the Operation Midway Blitz crackdown, which has resulted in over 1,000 arrests since it launched in early September.

“The temporary restraining order, and the meetings with the judge, and all the other accoutrements that comes with what her orders are will have no effect on Operation Midway Blitz,” he said.

The tactics used in California drew pushback from politicians and residents, prompting widespread riots in southern California, and they’re drawing similar ire in Chicago.

On Tuesday, Obama-appointed Ellis ordered the daily check-ins and chastised the U.S. Department of Homeland Security over federal agents handling of anti-ICE protestors and immigration arrests in the city.

She accused U.S. Immigration and Customs Enforcement, Border Patrol and other federal agents of violating a restraining order she issued on Oct. 10 to stop aggressive riot control tactics. The order bans the use of tear gas or other riot control munitions without an immediate threat, The Washington Times reported.

The judge ordered the feds deliver all use-of-force reports from “Operation Midway Blitz” dating back to Sept. 2, as well as any available bodycam footage.

Ellis said she wanted a chart of “everyone who has been arrested, that has not been arrested for anything immigration-related,” American Greatness reported.

As with many of these district court decisions, Ellis’ orders stem from a lawsuit she is presiding over filed on Oct. 6 by the Chicago Headline Club, a leftwing nonprofit that represents journalists, the Block Club Chicago and the Chicago Newspaper Guild, which represents journalists at the Chicago Sun-Times.

The media organizations, joined by unions and protesters, filed the lawsuit to stop the deportation campaign and pushback against law enforcement tactics during ongoing protests, American Greatness reported.

Ellis decided she has the authority to oversee operations, demanding that agents, including Bovino, wear body cameras while on duty as well as agency identifiers clearly visible on at least two parts of their uniform, Fox News reported Thursday on “America’s Newsroom.”

The judge also ordered daily briefings from the commander on the scene so she could understand what is going on. She had Bovino back in court over reports of excessive force and tear gas being used despite her order, citing reports that tear gas was used over the weekend near a Halloween celebration with children present, The Washington Times reported.

After another clash on Oct. 23, anti-ICE activists immediately filed a notice of violation against DHS, alleging federal agents violated Ellis’ restraining order, AG reported.

DHS released a video on social media showing the assault on agents in the Little Village neighborhood, which prompted the deployment of tear gas on the rioters.

The footage challenged some of the protesters’ claims and shows rocks and other objects tossed at the agents. Bovino was even struck on the head with a rock, AG reported.

Per DHS, a large crowd of 75-100 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.

“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,” DHS said on X. “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.”

In another social media post from Oct. 26, Bovino reshared a post from DHS Assistant Secretary Tricia McLaughlin, adding “They always seem to leave the assault part out, don’t they? This rioter attacked our agent, attempting to unmask him. We are currently working to identify and prosecute her. Stay tuned!”

Following Bovino’s court appearance on Tuesday, Bovino said he joined his agents on the street and was “appalled” at what he saw. “At one point we had 70 vehicles obstructing and following our agents and many of these vehicles engaged in violence,” Bovino told Faulkner.

Border Czar Tom Homan also weighed in on Tuesday, refuting claims that agents are reacting without just cause and deploying tear gas as simply “crowd control measures.”

“These are measures they have to take because they are being assaulted, because people are impeding what ICE is trying to do,” Homan told Faulkner during an appearance on Fox News. “This isn’t about a crowd or about protests. Protesters have a right to protest, we support that.”

Initially, Ellis ordered Bovino to meet with her every evening at 6 p.m. for the next seven days to report on daily immigration operations, the Chicago Sun-Times reported. In a follow-up story from Thursday, Ellis said she “was a little surprised” to see the feds challenge the daily updates.

Although the daily check-ins are on hold, the issue is far from settled. The appeals court asked for additional briefing on the issue by the end of business Thursday, the Sun-Times reported.