Feds Can't Force Border Patrol Commander to Attend Daily Hearings on Immigration Agents' Use of Force. A federal appeals court in Chicago has ruled that U.S. District Judge Sara Ellis's order for Border Patrol Commander Gregory Bovino to attend daily meetings with her regarding the use of force by immigration agents in Chicago is unconstitutional.
The three-judge panel of the 7th US Circuit Court of Appeals found that requiring Bovino to meet daily would put him "in the position of an inquisitor rather than a neutral adjudicator" of an ongoing lawsuit. This, they said, sets the court up as the supervisor of Chief Bovino's activities, infringing on the separation of powers.
Earlier this week, Judge Ellis ordered the meetings after a hearing over claims that Bovino and other federal agents had violated a temporary restraining order banning the use of tear gas and riot control measures on journalists, protesters, and clergy during Operation Midway Blitz in Chicago. The appeals court temporarily blocked those meetings just before the first scheduled meeting with Bovino.
Lawyers for the government argued that the order exceeded recognized bounds of discovery and interfered significantly with Bovino's function as a commander who enforces immigration laws. They also said the daily meetings were "untethered to the plaintiffs' underlying claims" and went beyond reasonable necessity to comply with existing court orders.
As part of this lawsuit, Commander Bovino was at the Dirksen Federal Courthouse for his second day of questioning in connection to federal agents' tactics, including a five-hour deposition focused on agents' use of force. The Department of Homeland Security must turn over body camera video footage as part of the case.
The appeals court's permanent ruling blocks the daily meetings with Judge Ellis.
The three-judge panel of the 7th US Circuit Court of Appeals found that requiring Bovino to meet daily would put him "in the position of an inquisitor rather than a neutral adjudicator" of an ongoing lawsuit. This, they said, sets the court up as the supervisor of Chief Bovino's activities, infringing on the separation of powers.
Earlier this week, Judge Ellis ordered the meetings after a hearing over claims that Bovino and other federal agents had violated a temporary restraining order banning the use of tear gas and riot control measures on journalists, protesters, and clergy during Operation Midway Blitz in Chicago. The appeals court temporarily blocked those meetings just before the first scheduled meeting with Bovino.
Lawyers for the government argued that the order exceeded recognized bounds of discovery and interfered significantly with Bovino's function as a commander who enforces immigration laws. They also said the daily meetings were "untethered to the plaintiffs' underlying claims" and went beyond reasonable necessity to comply with existing court orders.
As part of this lawsuit, Commander Bovino was at the Dirksen Federal Courthouse for his second day of questioning in connection to federal agents' tactics, including a five-hour deposition focused on agents' use of force. The Department of Homeland Security must turn over body camera video footage as part of the case.
The appeals court's permanent ruling blocks the daily meetings with Judge Ellis.
Just read about this crazy ruling and I gotta say... I'm more worried about our nation's wellness than immigration policies 
. Don't get me wrong, I believe in accountability, but is this really what we're focusing on? It feels like a distraction from the real issues that matter to us as humans - mental health, self-care, and overall well-being 
. Let's prioritize our own healing and growth over this drama 
in Chicago and how it relates to school spirit! just like how our student council members are supposed to be impartial, this Border Patrol Commander is being asked to be a kind of judge too 
. the 7th US Circuit Court of Appeals is basically saying that he can't be forced to meet daily with Judge Ellis because it would be unfair to him and could mess up his work as an immigration agent 
. I get why they're worried about it, but at the same time, isn't it kind of cool that there are people who care enough to make a big deal out of this stuff? 
What's next, daily debriefings with Congress? 
I feel so frustrated for Commander Bovino and all the officers involved in Operation Midway Blitz. It's like they're being scapegoated for the government's mistakes 
. The fact that they're not being held accountable for their actions is just wrong 
. These daily hearings were meant to keep them on their toes, but now it seems like the court is more concerned with protecting their interests than with seeking justice 
.
. They have a right to know what's going on and to hold those in power accountable 
. It's not okay that they're being silenced or intimidated 
. This ruling is a huge step back for transparency and accountability 
. They deserve to be held to high standards, just like everyone else 
The appeals court just stepped in and said, "Hey, Bovino, you're free to do your thing now!" 
The appeals court said the daily meetings would put Commander Bovino in an "inquisitor" position? Give me a break! He's just doing his job, and she's trying to control him like some kinda puppet on strings. 
Like, who needs daily meetings with a judge to figure out how to not be a total buzzkill at protests? 
and now the court's all "nope, we gotta set boundaries" 
. I mean, can you imagine having to tell Bovino "you're doing it wrong"? 
. Guess the gov't will just have to wing it without all that daily guidance 
. As someone who lives in Chicago, I've seen firsthand how immigration agents can be pretty intimidating, especially for communities of color and marginalized groups. It seems to me like we're losing some accountability 
. We need more transparency and oversight from our government officials, not less 
. I hope the judge will re-examine this decision and find a way to balance freedom of expression with the needs of communities who are already vulnerable 
.
. This ruling just feels like another example of how powerful folks in charge don't want to be held accountable for their actions 
.
I mean can you blame the guy? He's already getting grilled in court and now he has to sit through daily meetups with the judge on top of that? 
It just doesn't seem fair to me. As a parent, I know how hard it is to deal with constant questioning and scrutiny from authority figures - my kid gets enough stress from school and homework! 
... just not when it comes to unnecessary meetings 
!