That news came out in a court filing about a hearing on Monday, where Russell Hott was being summoned to appear.
There was a hastily called hearing Friday afternoon, in which Judge Sara Ellis told the government she wants live testimony Monday from someone from ICE and someone from Customs and Border Protection.
She said she wanted the witnesses to have knowledge of recent incidents and other enforcement operations in the Chicago area, along with knowledge of how the terms of her temporary restraining order have been disseminated to agents in the field.She did require that any particular person appear, but left it up to the government to produce the appropriate witnesses.
Hott was being asked to testify Monday about several incidents involving agents allegedly violating her order not to use tear gas against peaceful protesters without warning.
The Department of Justice is requesting that Customs and Border Protection Deputy Incident Cmdr. Kyle Harvick answer questions about those potential violations instead.
In a statement Friday, the Department of Homeland Security said, "Russell Hott is the permanent Field Office Director (FOD) for the Washington, DC area of responsibility, not Chicago. He served in Chicago as interim FOD and this is planned return to his permanent office in DC. Samuel Olson, permanent FOD of St. Paul and former FOD of Chicago, will now be acting as interim FOD of Chicago."
The government says it was CBP personnel that were "mostly, if not entirely involved" in two incidents in Chicago where plaintiffs allege federal agents violated the terms of the TRO by using force and deploying tear gas without the warnings required by the court's TRO.
"I just need somebody from ICE and Customs and Border Patrol to tell me what is happening and has been happening over the last week since I issued this order," Ellis said. "It doesn't have to be complicated. I just need some people here that can answer the questions I have as to how this order has been disseminated, what happened with these various incidents over the last week - some of which I have found particularly concerning - and give me some belief that my order that I entered is being followed."
On Thursday, U.S. District Judge Ellis modified an already existing temporary restraining order, or TRO, in place to require all agents working under "Operation Midway Blitz" who have already been issued body cameras to wear them and keep them on during "law enforcement activities" in Chicago.
In addition to Monday's hearing, Judge Ellis also set a Nov. 5 date for a preliminary injunction hearing to decide whether the TRO will remain in effect for a longer period.
Judge Ellis told the parties the "ideological motivation" behind the Administration's so-called Operation Midway Blitz is, so far, "irrelevant" to this case. Rather, the judge is focused on how agents are enforcing the law, and whether it's violating people's constitutional rights.
"What I'm looking at is how are these agents enforcing the law?" Ellis said. "Are they doing so in a manner that is violating other people's constitutional rights? If that is happening, that needs to stop."
ABC News contributed to this report.