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Appeals court pauses order requiring CBP Chief Bovino to meet with judge daily

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* The Sun-Times

The federal appeals court in Chicago put a temporary hold Wednesday on U.S. District Judge Sara Ellis’ requirement that the Border Patrol’s commander-at-large appear in her courtroom every weeknight until Nov. 5.

But the 7th U.S. Circuit Court of Appeals also gave plaintiffs in an ongoing lawsuit a chance to respond by the end of business Thursday. So there’s still a chance Bovino could be spending more time in Ellis’ courtroom.

* Tribune

Ellis’ unusual request came as allegations have mounted that agents under Bovino’s command are indiscriminately throwing tear gas in Chicago neighborhoods and using inappropriate force against residents and reporters during protests over Operation Midway Blitz, the Trump administration’s ongoing immigration enforcement push.

During a remarkable hourlong session with Bovino on the witness stand Tuesday, Ellis also instructed the 30-year Border Patrol veteran to get his own body camera and send her every use-of-force report — and accompanying bodycam footage — filed since the operation began nearly two months ago.

While she stopped short of finding any specific violations had occurred, Ellis ordered Bovino to appear before her in open court at 5:45 p.m. each weekday to go over any uses of force from that day. The appearances would be required until at least Nov. 5, when Ellis is scheduled to hold a full hearing on a preliminary injunction.

* Capitol News Illinois

[A]ttorneys from the Trump administration on Wednesday afternoon appealed the matter to the 7th Circuit Court of Appeals, calling Ellis’ order for Bovino’s appearances an “extraordinary and extraordinarily disruptive requirement.”

“The order significantly interferes with the quintessentially executive function of ensuring the Nation’s immigration laws are properly enforced by waylaying a senior executive official critical to that mission on a daily basis,” the motion said.

Though Ellis herself said on Tuesday that she didn’t want to “micromanage” Bovino, Department of Justice lawyers accused her of doing just that in their motion, writing that Ellis had “exceeded (her) judicial role by arrogating to (herself) the role of supervising and micromanaging the day-to-day operations of an Executive Branch law-enforcement agency.”

A couple hours later, the 7th Circuit granted the Trump administration’s motion for a stay on Ellis’ order requiring Bovino’s daily appearances. The end-of-day check-ins were scheduled to end on Nov. 4, the day before a hearing on whether to convert the judge’s temporary restraining restricting riot control weapons to a preliminary injunction.

* The AP

“We are thrilled this act of judicial overreach has been paused,” the Department of Homeland Security said in a statement to The Associated Press.

Attorneys still met with Ellis in the evening to discuss logistics in the evidence-gathering phase of the case. They agreed to a 9 p.m. deadline to submit body camera recordings of federal agents using tear gas on people in the predominantly Mexican American neighborhood of Little Village last week.

* WTTW

Bovino still remains scheduled to sit for an hourslong deposition on Thursday morning beginning at 10 a.m. in which he’ll face questioning about how his agents are enforcing the law in and around Chicago.

That under-oath questioning will be done behind closed doors, and it’s not yet clear whether a transcript of the deposition will be made public. Beyond Bovino, Immigrations and Customs Enforcement officials Russell Hott and Daniel Parra will also be deposed this week.

Those depositions come as part of a lawsuit brought by the Chicago Headline Club, Chicago Newspaper Guild Local 34071, Block Club Chicago and other media organizations who’ve alleged immigration agents have engaged in a “pattern of extreme brutality” that’s part of a “concerted and ongoing effort to silence the press and civilians.”

posted by Isabel Miller
Thursday, Oct 30, 25 @ 8:37 am

Comments

  1. When will these judges understand that presumption of regularity doesn’t apply to the Trump administration? Bovino needs to have his feet held to the fire. (Note to the indictment happy secret police - “holding someone’s feet to the fire” is a colloquial phrase to suggest that the person be held accountable for his actions. It’s not a desire for someone to give Bovino a hotfoot.)

    Comment by Norseman Thursday, Oct 30, 25 @ 9:07 am

  2. I understand why it wasn’t the guvs first move, but one of those guys has to be charged for some of the many laws they’re breaking.

    The courts aren’t gonna do it for you.

    Comment by SwSider Thursday, Oct 30, 25 @ 9:15 am

  3. What is the end game of all this brinksmanship (on both sides of the issue)? All of this terrible precedent for the next generation.

    Comment by Zoe Thursday, Oct 30, 25 @ 9:35 am

  4. No surprise that the Appellate Court paused Judge Ellis’ order. Daily reports to a Court are extremely unusual. If Ellis had required Bonvino to report at intervals, I think there could have been a different result.

    Comment by Court watcher Thursday, Oct 30, 25 @ 9:41 am

  5. “What is the end game of all this brinksmanship (on both sides of the issue)? All of this terrible precedent for the next generation.”

    The end game is obvious: to provoke a violent response that justifies further federal repression. It’s not a new playbook. Pretending like the fascism is coming from ‘both sides’ isn’t going to help the next generation you’re worried about.

    Comment by Larry Bowa Jr. Thursday, Oct 30, 25 @ 10:01 am

  6. == What is the end game of all this brinksmanship (on both sides of the issue)? All of this terrible precedent for the next generation. ==

    I didn’t like seeing hordes of people sleeping on the floors of police stations. Similarly, I don’t like seeing the US border enforced in Humboldt Park.

    But those seem to be the only two choices.

    Comment by Stosh Thursday, Oct 30, 25 @ 10:10 am

  7. In this contentious age this is a long way from being over.

    Looked up the 7th Court and of the active judges 5 were nominated by the GOP and 5 by the Democrats.

    Comment by Mason County Thursday, Oct 30, 25 @ 10:13 am

  8. =The end game is obvious: to provoke a violent response that justifies further federal repression=

    The moves here are related to immigration policy/procedures and the signal they send both domestically and internationally; the current Trump administration’s moves are a response to the Biden administration’s moves, which were a response to the first Trump administration. Seems like a situation that has no endgame

    Comment by Think again Thursday, Oct 30, 25 @ 10:39 am

  9. ==extraordinary and extraordinarily disruptive requirement.==

    translation: How dare you ask our officers to refrain from stretching the truth, respect the constitution, or wear body cameras.

    Comment by Jocko Thursday, Oct 30, 25 @ 10:41 am

  10. “The moves here are related to immigration policy/procedures and the signal they send both domestically and internationally”

    I have no idea what you’re trying to say with this sentence.

    What I described is the objective reality of the US right now: the federal repression which is nominally about immigration has a larger purpose and it is being ratcheted up until the people behind it get the response they are trying to provoke. To the extent anyone can’t see this you lack comprehension of real world events.

    Comment by Larry Bowa Jr. Thursday, Oct 30, 25 @ 11:24 am

  11. @Larry Bowa Jr +1 x2

    Also- what Norseman stated.

    Comment by JS Mill Thursday, Oct 30, 25 @ 11:45 am

  12. ==Seems like a situation that has no endgame==

    So, immigration and enforcement policy and practice is solely dependent on who sits in the oval office, no matter how dysfunctional their views are to the American public? The swinging back and forth from open borders to ICE raids and arrests seems like a scream for a 3rd way.

    Comment by Zoe Thursday, Oct 30, 25 @ 1:02 pm

  13. The third way is the immigration reform that congress has refused to pass.

    Shame on all of them.

    Comment by Occasionally Moderated Thursday, Oct 30, 25 @ 1:19 pm

  14. Deleting lots of comments today. I have no time for that. Dial it down because permanent bans will ensue from now on for anyone who is deleted.

    So, take a breath already.

    Comment by Rich Miller Thursday, Oct 30, 25 @ 1:23 pm

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