Border Patrol commander Gregory Bovino is seen during an immigration enforcement operation in Chicago. A federal judge later ordered Bovino and other officials to be deposed over the use of tear gas.
‘OPERATION MIDWAY BLITZ’: INSIDE DOJ’S PUSH TO TACKLE CRIME, ILLEGAL IMMIGRATION IN CHICAGO
The deployment came after Ellis issued an Oct. 9 order that barred federal agents from using crowd control devices such as tear gas (CS gas) or pepper balls on protesters, journalists and clergy as long as there wasn't a threat to others, per NBC Chicago.
Harvick told the court that protesters in Albany Park were "actively resisting" by locking arms and blocking Border Patrol agents from leaving and that agents issued a verbal warning before deploying the gas. In the East Side incident, Harvick said people in the crowd began throwing objects at agents before gas was deployed.
"Why was it appropriate to use CS gas at Albany Park?" Ellis asked.
Harvick replied, "That scene was an enforcement action. This wasn't a protest."
Ellis raised concerns about oversight and accountability as no agents had been disciplined for potential use-of-force violations. Harvick admitted that no disciplinary action had been taken since the operation, known as Operation Midway Blitz, began.
President Donald Trump and Illinois Gov. JB Pritzker. Trump said he could invoke the Insurrection Act to tackle violent crime in Chicago and urged Pritzker to "beg for help," escalating their political standoff. (Saul Loeb/AFP via Getty Images; Talia Sprague/Bloomberg via Getty Images)
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President Donald Trump has already deployed the National Guard to Los Angeles, Washington, D.C., and Memphis, Tennessee, to help curb violent crime. He has said the moves caused crime to plummet in those areas.
Last week, the president floated the idea of invoking the Insurrection Act to tackle violent crime in Chicago and urged Illinois Gov. JB Pritzker to "beg for help" from the federal government.
The Insurrection Act of 1807 gives the president authority to deploy active-duty military or federalized National Guard troops inside the country in limited circumstances, such as to suppress civil disorder, rebellion or obstruction of federal law. It has been invoked about 30 times by roughly 10 presidents, most recently by George H. W. Bush during the 1992 Los Angeles riots, according to The Associated Press.
Michael Dorgan is a writer for Fox News Digital and Fox Business.
You can send tips to michael.dorgan@fox.com and follow him on Twitter @M_Dorgan.
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