Appeals court rules Border Patrol Cmdr. Gregory Bovino doesn’t have to report daily to federal judge

A federal appeals court in Chicago has ruled that Border Patrol Commander-At-Large Gregory Bovino does not have to attend daily meetings with a judge to discuss federal immigration agents’ use of force in Chicago, as the judge had ordered earlier this week.

A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled that U.S. District Judge Sara Ellis’ order for Bovino to attend daily hearings in her courtroom would place her “in the position of an inquisitor rather than that of a neutral adjudicator” of an ongoing lawsuit over immigration agents’ tactics.

They also said Ellis’ order “sets the court up as a supervisor of Chief Bovino’s activities, intruding into personnel management decisions of the Executive Branch. These two problems are related and lead us to conclude that the order infringes on the separation of powers.”  

Ellis ordered the meetings after a hearing on Tuesday in federal court over claims that Bovino and other federal agents violated a temporary restraining order largely prohibiting the use of tear gas and other riot control measures on journalists, protesters, and clergy during Operation Midway Blitz in Chicago.  

In response to numerous filings regarding alleged violations of that order, Ellis instructed Bovino to meet with her every weekday evening to go over the events of the day until a preliminary injunction hearing on Nov. 5. The appeals court temporarily blocked that order on Wednesday, a short time before the first scheduled meeting with Bovino. Friday’s ruling permanently blocks those meetings.

In appealing Ellis’ order,, lawyers for the government had argued the order “far exceeds the recognized bounds of discovery” and “significantly interferes” with Bovino’s function, which the government argues is “ensuring the Nation’s immigration laws are properly enforced.”

They also argued the meetings are “untethered to the plaintiffs’ underlying claims” and go beyond reasonable necessity to comply with the court orders already in place.

Meantime, was at the Dirksen Federal Courthouse for a second day of questioning as part of a five-hour deposition in connection to the lawsuit over federal agents’ tactics. Friday’s deposition focused on agents’ use of force, and body camera video footage the Department of Homeland Security must turn over as part of the lawsuit.