Chicago federal intervention: Tracking surge in immigration enforcement operations

Judge Sara Ellis has ordered CBP Chief Gregory Bovino to meet with her daily to report on how the day has gone.

Ellis also ordered Bovino to present all use of force reports and associated video by Friday at the latest and all future reports and video within 24 hours of finalization.

A north suburban police officer helped federal agents detain someone outside of a shopping plaza on Monday morning, officials said.

Palatine police said officers responded to the 1100-block of East Dundee Road for a report of a disturbance around 11:50 a.m.

Three federal agents, wearing police insignia, were trying to take someone into custody, police said. Viewers shared videos of the incident, and ABC7 blurred the face of the person being detained, because it is unclear if they face any charges.

The Palatine Police Department said an officer helped federal agents detain someone in the 1100-block of East Dundee Road on Monday.

Police said about 20 people gathered around the scene, and some shouted obscenities and moved toward the agents.

Police said a Palatine officer put himself between the agents and the crowd, and he saw the agents struggling with the person they were trying to detain.

The Palatine Police Department said the officer "made a split-second decision to assist in stabilizing the situation" due to "the subject's noncompliance, the agitated crowd, and the potential risk of injury."

The department added, "The officer provided verbal instructions in Spanish to the subject and grasped the subject's right arm, which was already being handcuffed, while agents secured the left arm helping to bring the incident to a safe and peaceful resolution."

Why the person was detained was not immediately clear, and officials did not immediately say which agency the agents work for.

The Palatine Police Department said it "remains committed to complying with all state laws, and will continue to focus on building strong relationships with the community. The police department's priority is to address criminal activity and ensure the safety of all residents. The police department is here to serve and protect all members of our community equally. Residents should feel safe reporting crimes without fear of immigration repercussions. By adhering to these principles, the police department demonstrates our commitment to fair and unbiased policing."

ABC7 reached out to the Department of Homeland Security for comment, but did not immediately hear back.

Further information was not immediately available.

In a late Monday night filing, attorneys are now asking a judge to block federal immigration agents from using tear gas in Chicago.

The filing asks a judge to modify the current temporary restraining order in place to block agents from using tear gas until a court decides what to do.

Right now, agents can use measures like tear gas under limited circumstances.

But attorneys are accusing agents of violating the current agreement, specifically pointing to incidents over the last week in Little Village, Lakeview and Old Irving Park.

In the court filing, attorneys say they have gotten several calls from people concerned about health impacts.

Among them is the husband of a pregnant woman who says they're concerned for their unborn child's health after tear gas made its way into their home.

In response to the new filing, the Department of Homeland Security responded with a statement saying, in part, "rioters and terrorists have opened fire on officers, thrown rocks, bottles, and fireworks at them" and that "ICE officers are facing a nearly 1000% increase in assaults against them... as they put their lives on the line to arrest murderers, rapists, and gang members."

ABC News is hearing from Customs and Border Patrol Commander Gregory Bovino on Monday, in advance of his much anticipated testimony on Tuesday.

In that interview, Bovino explains his agency's rationale for using chemical agents against protesters. But court documents filed on Sunday made it clear that those suing the Department of Homeland Security for its agents tactics are not buying it.

Many have criticized the legalities on how arrests have been made including claims that no audible warnings are given before tear gas is deployed.

It was just last Thursday, in Little Village, when Bovino, the public face of DHS' immigration operation "Midway Blitz" was captured throwing what appeared to be a tear gas canister into a crowd of people protesting federal agents' presence in the neighborhood. On Tuesday, Bovino will have to explain his actions to Judge Sarah Ellis. But an interview given to ABC News may offer a glimpse of what we can expect to hear.

"When we utilize force in law enforcement... it's the least amount of force necessary to affect an arrest or to affect the successful outcome of any given mission that we're on," Bovino said.

He says chemical agents are among those techniques.

"Whether it's the use of tear gas. Or the use of hand techniques or any use of force by law enforcement, that's that least amount of force necessary to positively affect the outcome of that mission. And that's what we do here in Chicago," Bovino said.

At the time, DHS justified Bovino's actions, saying he had been hit in the head by an object protesters threw at him. Court documents filed on Sunday by the parties suing the agency said, in no uncertain terms, "This statement is a lie."

The plaintiffs added that DHS has engaged in a pattern of making up things that do not exist to justify their actions, while also engaging in violence to provoke a reaction. Additional photographs and videos from the confrontation were among the court filings. One of them shows an agent directly shooting a pepper ball at a heckler.

"Did you follow my instruction? Did you follow my order? And if you didn't follow my order, why not?" said former Federal Prosecutor Christopher Hotaling.

Those are some of the questions Hotaling believes Ellis will ask Bovino on Tuesday as she seeks to determine whether he has, as accused, violated the temporary restraining order she issued against the indiscriminate use of chemical agents without prior warning.

Ellis is expected to look at two key elements. One is whether or not Bovino had his body-worn camera activated and the other is if he gave at least two audible warnings before deploying tear gas. Both are required.

"She could ask for all the bodycam footage," Hotaling said. "That bodycam footage is perhaps the single best evidence of what is happening on a particular scene at any given time."

Hotaling said if Ellis does not believe Bovino based on the evidence presented, she has the option of pursuing contempt proceedings against him. DHS, meanwhile, has said they look forward to having Bovino testify in front of Ellis. That hearing is scheduled for Tuesday at 10 a.m.