In a late afternoon appeal and response, a federal appeals court temporarily stayed a federal judge’s order that required Border Patrol Chief Gregory Bovino to appear in court every day.
This afternoon, lawyers representing the Trump administration appealed to the Seventh Circuit Court of Appeals for a stay of Tuesday’s order from federal Judge Sara Ellis that – in part – required Bovino to appear in federal court every day at 5:45 p.m. to discuss use-of-force encounters with protesters or bystanders who oppose increased immigration enforcement operations in Chicago and surrounding suburbs.
Ellis’ order for Bovino to appear in person came after she questioned the Border Patrol chief for more than an hour Tuesday.
Ellis had already issued a temporary restraining order on Oct. 9 prohibiting federal immigration agents from using crowd control agents like tear gas or pepper spray on protesters unless there was a threat.
Its TRO follows a lawsuit filed by a group of protesters, clergy and journalists who were suing the Trump administration, alleging that the use of chemical irritants on them was unnecessary and violated their constitutional rights to assemble.
On Tuesday, Ellis ordered Bovino to appear in person after raising concerns about a number of incidents in which protesters, bystanders or their attorneys alleged they were gassed unnecessarily — and in violation of Ellis’ TRO.
The judge also requested all use of force reports since “Operation Midway Blitz” began in early September as well as accompanying body camera footage by the end of the cases Friday. Bovino will also be required to wear a body camera.
Lawyers representing the Trump administration asked Ellis to suspend his requests in open court on Tuesday.
She rejected their requests.
In their appeal to the Seventh Circuit on Wednesday afternoon, lawyers representing the Trump administration wrote that Ellis’ order:
…significantly interferes with the quintessential executive function of ensuring that the nation’s immigration laws are properly enforced by daily arresting a high-ranking official essential to that mission. The court’s order is also unrelated to the plaintiffs’ underlying requests and goes well beyond what is reasonably necessary to ensure compliance with the court’s prior orders. »
And later this:
“…Absent a stay, the government will suffer irreparable harm because Chief Bovino will be required to prepare and sit for questioning in open court today and every weekday thereafter, with no stated purpose in view. Each time Chief Bovino is required to prepare and appear for these daily hearings is time he would otherwise spend carrying out the important law enforcement duties that have been assigned to him. entrusted…”
In its ruling Wednesday afternoon, the appeals court temporarily stayed Ellis’ order that Bovino appear in court daily – for now – writing:
“IT IS ORDERED that the Government’s request for an administrative stay is GRANTED. Pending a decision on the petition for mandamus, the District Court’s order of October 28, 2025 is temporarily SUSPENDED only to the extent that it requires Gregory Bovino to appear in court, in person, each weekday at 5:45 p.m..”
The appeals court also asked lawyers representing protesters, clergy and journalists to appear before 5 p.m. Thursday.
NBC 5 Chicago reached out to Justice Department lawyers to ask for clarification on Wednesday’s ruling.
This comes as Bovino’s deposition is scheduled for Thursday – ahead of a preliminary joinder hearing scheduled for November 5.th where lawyers representing protesters attempt to ban further use of chemical agents.
Top deputy Border Patrol and ICE officials testified last week that the use of chemical agents in at least two cases was justified because protesters blocked the path of agents who tried to leave during an immigration arrest or threw objects at agents.
Bovino himself was accused by plaintiffs’ attorneys of violating Ellis’ temporary restraining order by using tear gas on a crowd gathered last Thursday in Little Village where officers were making other arrests.
Bovino and the Department of Homeland Security said the use of tear gas was necessary because Bovino was hit in the head by an object. Bovino said it was a rock.
In an interview with the Telemundo network last Thursday, Bovino said this when asked about Ellis’ order: “Was Judge Ellis hit in the head with a rock like I did this morning?” The Telemundo reporter continued: “But did you follow his orders?”
Bovino replied: “We always followed orders…”
