This is part of our series of daily recaps of ICE activity in the Chicago region. Have a tip we should check out? Email [email protected].
CHICAGO — Border Patrol Chief Greg Bovino must sit for questioning, under limited conditions, in the ongoing lawsuit over force used against journalists and peaceful protesters by federal immigration agents, a judge ruled Monday.
U.S. District Judge Sara Ellis granted attorneys’ requests to take limited deposition from Bovino as part of the suit, which was filed earlier this month on behalf of Block Club Chicago and other organizations.
Ellis’ decision came after an hours-long hearing in which she grilled two top federal immigration enforcement officials on the heels of expressing deep concerns last week that their agencies violated a recent order temporarily banning the use of riot-control weapons against journalists and peaceful protesters.
Ellis called Shawn Byers, Deputy Field Office Director at U.S. Immigration and Customs Enforcement, and Kevin Harvick, deputy incident command of Customs and Border Protection, into court for questioning over recent incidents in Albany Park and East Side that plaintiffs argued had violated the judge’s previous order.
During a hearing that spanned most of Monday, Ellis claimed that federal immigration agents have arrested 75 people in the Chicago area for “obstructing and assaulting” agents since stepped-up immigration enforcement began in early September.
But court records show that only 15 people have been charged federally, and five of those cases have been dismissed this month.
The arrest figure came out of Ellis questioning Byers and Harvick for four hours about their agents’ use of force and tactics during the immigration “blitz” in the Chicago area.
Ellis initially wanted Russell Hott, the now-former field director for ICE operations in Chicago, to answer questions in court on Monday. But Hott abruptly left his interim Chicago position and returned to his permanent role in Washington D.C. just one day after the judge demanded his appearance. Harvick, a veteran of Border Patrol with 25 years of experience working for the federal agency, was sent in place of Hott.
During testimony, Byers and Harvick largely defended their agents’ use of force during high-profile incidents in Chicago neighborhoods and protests at the Broadview ICE facility in recent weeks.
Harvick said all of the roughly 200 Border Patrol agents who are currently in the Chicago for the agency’s ongoing operation have received use of force training and some level of crowd-control training. They all have body cameras, he said, which is a requirement of the temporary restraining order.
Ellis asked Harvick about an incident in Albany Park on Oct. 12 in which agents tear-gassed a group of residents who expressed frustration and outrage over an arrest agents had made.
Harvick said residents posed a danger to agents when they linked their arms — a form of “active resistance” — and prevented agents from leaving the scene. Agents issued at least three warnings before deploying tear gas, he said.
During such encounters, “the situation gets more and more dangerous the longer we are there,” Harvick said. “And that’s a safety concern not just for my Border Patrol agents, but for the detainee we may have in custody.”
Ellis also raised questions about an incident on the East Side, which happened a couple days later, on Oct. 14. Federal agents again deployed tear gas — this time, at a crowd around the scene of a car crash caused by agents, according to witnesses.
Harvick said tensions escalated during the East Side incident when members of the crowd disobeyed agents’ orders to move back and began throwing eggs, bricks and “metal objects” at agents. They then slashed the tires of agents’ cars and smashed an agent’s back car window, he said.
Harvick said a supervisor told him agents gave warnings before deploying tear gas, but he didn’t review the case with agents involved in the car chase.
Ellis called Monday’s hearing on the heels of issuing a temporary restraining order that prohibits agents from using excessive force against journalists and peaceful protesters.
The temporary injunction came out of a lawsuit filed earlier this month. Block Club Chicago and other organizations sued the federal government for its use of excessive force against journalists and other peaceful protesters. Four Block Club journalists were indiscriminately hit with pepper-spray bullets and tear-gassed by federal agents during protests.
On whether ICE has policies for handling members of the press, Byers said that there is “not supposed to be any direct attack” on “actual professional journalists.” When Ellis asked for clarification, Byers said that there are “people with cell phones who call themselves journalists.”
In stark contrast to last week’s emergency hearing, Ellis showed little emotion as she peppered Byers and Harvick with questions for four hours. But after testimony concluded, she said she was “surprised” when Byers revealed he hadn’t reviewed any reports generated by ICE after agents deployed tear gas and other less-lethal chemical weapons during recent protests at Broadview.
“I had expected he would’ve seen those reports or reviewed those reports before coming today to talk about them,” Ellis said.
Ellis also expressed concern over Byers’ admission that some of the surveillance footage from the Broadview facility may not have been preserved. The judge asked Department of Justice lawyer Samuel Holt for a preservation order.
“What I don’t want to happen is we come to a preliminary injunction hearing and this [footage] was written over and it’s gone,” Ellis said.
A preliminary injunction hearing is scheduled for Nov. 5.
Happening In Chicago
- At 8:20 a.m. Monday, immigration agents detained one person in Avondale, on North Pulaski Road and near West George Street, after the person abandoned a car and was chased on foot, the Northwest Side Rapid Response Team said on social media.
- Immigration agents were spotted in multiple locations of East Chicago Monday, according to the Southeast Rapid Response Team. ICE agents detained two people in the neighboring town of Hammond, the group said on social media.
- Immigration agents were not present at West 56th Street and South Western Avenue at 10 a.m. Monday, according to the Southwest Rapid Response Team. Chicago police were at the site for an investigation, the group said in a social media post.
- An organizer launched a GoFundMe to raise $12,000 to support the family of a woman detained at Swap-O-Rama last week. Patricia Yadira Quishpe Guaman was among the flea market vendors taken away last week. “She has no criminal background and is only a hardworking and humble woman,” the GoFundMe reads.
- North Side officials are hosting an emergency community meeting and Know Your Rights training at Lake View High School, 4015 N. Ashland Ave. at 6 p.m. Monday, according to a press released shared by Rep. Mike Quigley.
Happening In The Suburbs
- Federal immigration agents accused two women of attacking agents attempting to make an arrest in Bolingbrook, according to the Chicago Tribune.
- Border Patrol agents detained a least eight people in Cicero Monday morning, according to the Berwyn Cicero Rapid Response. At least three people were detained at West 23rd St and South Laramie Avenue, one person was detained at South 51st Court and West 13th Street and one person was detained at West 24th Street and South 59th Avenue. A mom, daughter and son were detained at West 23rd and South 53rd avenues, the group said on social media. The son is possibly a minor, according to the group.
- At least three people were detained by immigration agents Monday morning in River Forest after members of a rapid response team spotted agents on Franklin Avenue, according to the West Suburban Action Project’s rapid response team.
- Federal agents interrupted federal agents chasing a person in Mount Prospect Sunday, the Chicago Tribune reported. Neighbors also reported chasing away agents in suburban Rolling Meadows, according to the Tribune.
- Rep. Norma Hernandez confirmed several detentions in Melrose Park and ICE presence in a Stone Park Walmart and Northlake. She also said ICE agents have been “threatening” rapid response volunteers.
Reporter Francia Garcia Hernandez contributed.
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