Legal victory for Border Patrol in Chicago after judge tries to micromanage operations

Border Patrol Commander Gregory Bovino will not have to directly report to Judge Sara Ellis on a daily basis after the U.S. Seventh Circuit Court of Appeals overruled Ellis' orders set in place this week.

Ellis' strange order came after Border Patrol agents in the Chicago metro area were accused of violating a temporary restraining order on the use of tear gas during confrontations with violent anti-Border Patrol crowds. Bovino threw a tear gas canister toward a violent mob while his agents were working in the Little Village neighborhood, which prompted Ellis to order Bovino to her courtroom.

'The order significantly interferes with the quintessentially executive function of ensuring the Nation's immigration laws are properly enforced.'

Bovino said he was willing to comply with going to the courthouse every day, but the circuit court intervened, calling the demanded daily reports an "extraordinary and extraordinarily disruptive requirement."

The circuit court also determined that Ellis' ruling would "significantly" impede federal enforcement of immigration law.

"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 ruling said, according to 25 News.

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Eileen T. Meslar/Chicago Tribune/Tribune News Service via Getty Images

Will Chamberlain, senior counsel to the Article III Project, previously slammed Ellis' ruling as "ridiculous."

"This ruling is ridiculous because it entails a district court judge becoming the supervisor of a senior DHS official on her own initiative. The executive power belongs to the president of the United States — not to Article III judges. Judges have the right to issue lawful injunctions; they do not have the right to micromanage law enforcement," Chamberlain previously told Blaze News.

Before Bovino testified to Ellis, the Department of Homeland Security released footage taken from body cameras and drones showing the attacks Border Patrol agents faced when they were in Little Village. Ellis complained that she did not see agents giving the required two warnings before using crowd-control measures like tear gas.

Bovino has been on the front lines in both arresting operations and crowd-control actions, such as at the U.S. Immigration and Customs Enforcement facility in nearby Broadview.

Following Ellis' ruling, Bovino said, "We're going to go out there. We're gonna accomplish the mission. We're closing in on 3,000 apprehensions as we speak. ... We're even going to go even harder, and I'm not worried about it all."

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