CHICAGO — A judge on Tuesday ordered a senior U.S. Border Patrol official to meet her each evening to discuss the government’s immigration crackdown in the Chicago area, an extraordinary step following weeks of street confrontations, tear gas volleys and complaints of excessive force.
“Yes, ma’am,” responded Greg Bovino, who has become the face of the Trump administration’s immigration sweeps in America’s big cities.
Bovino got an earful from U.S. District Judge Sara Ellis as soon as he settled into the witness chair in his green uniform.
Ellis quickly expressed concerns about video and other images from an illegal immigration drive that has produced more than 1,800 arrests since September. The hearing is the latest in a lawsuit by news outlets and protesters who say agents have used too much force, including tear gas, during demonstrations.
“My role is not to tell you that you can or cannot enforce validly passed laws by Congress. … My role is simply to see that in the enforcement of those laws, the agents are acting in a manner that is consistent with the Constitution,” the judge said.
Bovino is chief of the Border Patrol sector in El Centro, Calif., one of nine sectors on the Mexican border.
The judge wants him to meet her in person daily at 6 p.m. “to hear about how the day went.”
“I suspect, that now knowing where we are and that he understands what I expect, I don’t know that we’re going to see a whole lot of tear gas deployed in the next week,” Ellis said.
Ellis zeroed in on reports that Border Patrol agents disrupted a children’s Halloween parade with tear gas on the city’s Northwest Side over the weekend. Neighbors had gathered in the street as someone was arrested.
“Those kids were tear-gassed on their way to celebrate Halloween in their local school parking lot,” Ellis said. “And I can only imagine how terrified they were. These kids, you can imagine, their sense of safety was shattered on Saturday. And it’s going to take a long time for that to come back, if ever.”
Ellis ordered Bovino to produce all use-of-force reports since Sept. 2 from agents involved in Operation Midway Blitz. She first demanded them by the end of Tuesday, but Bovino said it would be “physically impossible” because of the “sheer amount.”
Lawyers for the government have repeatedly defended the actions of agents, including those from U.S. Immigration and Customs Enforcement, and told the judge that videos and other portrayals have been one-sided.
Besides his court appearance, Bovino still must sit for a deposition, an interview in private, with lawyers from both sides.
The judge has already ordered agents to wear badges, and she’s banned them from using certain riot control techniques against peaceful protesters and journalists. She subsequently required body cameras after the use of tear gas raised concerns that agents were not following her initial order.
Ellis set a Friday deadline for Bovino to get a camera and to complete training.
Attorneys representing a coalition of news outlets and protesters claim he violated the judge’s use-of-force order in Little Village, a Mexican enclave in Chicago, and they filed an image of him allegedly “throwing tear gas into a crowd without justification.”
Over the weekend, masked agents and unmarked SUVs were seen on Chicago’s wealthier, predominantly white North Side, where video showed chemical agents deployed in a street. Agents have been recorded using tear gas several times over the past few weeks.
Bovino also led the immigration operation in Los Angeles in recent months, leading to thousands of arrests. Agents smashed car windows, blew open a door to a house and patrolled MacArthur Park on horseback.
U.S. Border Patrol Sector Chief Gregory Bovino — the brash agent who led a phalanx of military personnel into MacArthur Park this summer — was called as a witness Wednesday in a misdemeanor assault case against a protester, who allegedly struck a federal agent.
Bovino, one of the faces of President Trump’s immigration crackdown that began in Los Angeles and is now underway in Chicago, took the stand to testify that he witnessed an assault committed by Brayan Ramos-Brito in Paramount on June 7.
Outfitted in his green Border Patrol uniform, Bovino testified that he witnessed Ramos-Brito drag his arm back and strike an agent with an open palm in the chest.
The incident occurred during a skirmish outside a federal building between federal law enforcement agents and locals frustrated by Trump’s immigration policies.
On a cross-examination, federal public defender Cuauhtemoc Ortega questioned Bovino about being the subject of a misconduct investigation a few years ago and receiving a reprimand for referring to undocumented immigrants as “scum, filth and trash.”
Bovino denied referring to undocumented immigrants that way and said he was referring to “a specific criminal illegal alien” — a Honduran national who he said had raped a child and reentered the United States and had been caught at or near the Baton Rouge Border Patrol station.
“I said that about a specific individual, not about undocumented peoples, that’s not correct,” he said.
Ortega pushed back, reading from the reprimand, which Bovino signed, stating that he was describing “illegal aliens.”
“They did not say one illegal alien,” Ortega said. “They said you describing illegal aliens, and or criminals, as scum, trash and filth is misconduct. Isn’t that correct?”
“The report states that,” Bovino said.
Ortega said that Bovino was warned if he committed any instance of misconduct again, “you could be fired.”
More than 40 people have been charged with a range of federal offenses, including assaulting officers and interfering with immigration enforcement, at either downtown protests or the scene of immigration raids throughout the region this summer, the U.S. attorney’s office in L.A. said this week.
Ramos-Brito’s case is the first to go to trial.
The case centers around a protest outside the Paramount Business Center, across the street from Home Depot.
Already tensions were high, with federal officials raiding a retail and distribution warehouse in downtown L.A. in early June, arresting dozens of workers and a top union official.
At the Paramount complex, which houses Homeland Security Investigation offices, protesters began arriving around 10 a.m on June 7. Among them was Ramos-Brito.
Several videos played in court Tuesday showed Ramos-Brito and another man cursing at Border Patrol agents and stepping inches from their faces with balled fists. At one point, Ramos-Brito approached multiple Border Patrol agents who appeared to be Latino and said “you’re a f—ing disgrace if you’re Mexican.”
Asst. U.S. Atty. Patrick Kibbe said that while many protesters were “passionately” demonstrating, Ramos-Brito crossed a line by striking U.S. Border Patrol Agent Jonathan Morales.
“There’s a constitutional right to protest peacefully. It is a crime to hit a federal officer,” Kibbe said.
Federal public defender M. Bo Griffith, however, said Ramos-Brito was the victim of an assault, not the other way around.
Both social media and body-worn camera footage played in court clearly show Morales shove Ramos-Brito first, sending him flying backward into the busy intersection of Alondra Blvd. While footage shows Morales marching back toward the agent with his fists balled, no angle clearly captures the alleged assault.
Aside from Morales, three other agents took the stand Tuesday, but none said they saw Ramos-Brito hit Morales. None of the agents who testified were outfitted with body-worn cameras that day, according to Border Patrol Asst. Chief Jorge Rivera-Navarro, who serves as chief of staff for “Operation At Large” in Los Angeles.
Some of the Border Patrol agents swarming L.A. in recent months come from stations that don’t normally wear body-worn cameras, according to Navarro. He testified that he has since issued an order that led to cameras being distributed to agents working in L.A.
The clash that led to the assault charge started when Ramos-Brito stepped to U.S. Border Patrol Agent Eduardo Mejorado, who said he repeatedly asked Ramos-Brito to move to the sidewalk as the protest was blocking traffic. Video shows Mejorado place his hand on Ramos-Brito’s shoulder twice, and the defendant swatting it away.
At that point, Morales, a 24-year veteran of the Border Patrol, said he thought he needed to step in and de-escalate the situation between his fellow agent and Ramos-Brito. He did so by shoving Ramos-Brito backward into the intersection, according to video played in court. Morales said Ramos-Brito then charged at him while cursing and threw a punch at the upper part of his chest and throat.
On cross-examination, Griffith confronted Morales and Mejorado with inconsistencies between descriptions of the event they previously gave to a Homeland Security Investigations officer and their testimony in court. It was not the first time such a discrepancy affected the case.
Federal prosecutors previously dropped charges against Jose Mojica, another protester who was arrested alongside Ramos-Brito, after video footage called into question the testimony of an immigration enforcement agent.
According to an investigation summary of Mojica’s arrest previously reviewed by The Times, Mejorado claimed a man was screaming in his face that he was going to “shoot him,” then punched him at the Paramount protest. The officer said he and other agents started chasing the man, but were “stopped by two other males,” later identified as Mojica and Ramos-Brito.
Video played in court Tuesday and previously reported by The Times shows that sequence of events did not happen. Ramos-Brito and Mojica were arrested in a dogpile of agents after Ramos-Brito allegedly struck Mojica. There was no chase.
Questioned about Mojica’s case in July, a Homeland Security spokesperson said they were unable to comment on cases “under active litigation.”
Defense attorneys said Ramos-Brito sustained multiple contusions on his face, neck and back and had cuts and scrapes on his body from being dragged across the pavement later.
According to his attorneys, Ramos-Brito’s only prior interaction with law enforcement was for driving without a license.
The case could prove to be a bellwether for other immigration protest charges filed by Acting U.S. Atty. Bill Essayli in a region where many potential jurors have negative views of immigration enforcement, or may be immigrants themselves.
On Tuesday morning, U.S. District Judge Stephen V. Wilson had to remove 21 potential jurors from the pool, several of whom said they could not be impartial due to their views on immigration policy.
Many of the potential jurors said they were first or second generation immigrants from the Philippines, Colombia, Bulgaria, Jamaica and Canada.
“I believe that immigrants are part of this country and I’m kind of partial with the defendant,” said one man, a landscaper from Lancaster.
Brian Gavidia had stepped out from working on a car at a tow yard in a Los Angeles suburb Thursday, when armed, masked men — wearing vests with “Border Patrol” on them — pushed him up against a metal gate and demanded to know where he was born.
“I’m American, bro!” 29-year-old Gavidia pleaded, in video taken by a friend.
“What hospital were you born?” the agent barked.
“I don’t know, dawg!” he said. “East L.A., bro! I can show you: I have my f—ing Real ID.”
His friend, whom Gavidia did not name, narrated the video: “These guys, literally based off of skin color! My homie was born here!” The friend said Gavidia was being questioned “just because of the way he looks.”
In a statement Saturday, Homeland Security Assistant Secretary Tricia McLaughlin said U.S. citizens were arrested “because they ASSAULTED U.S. Border Patrol Agents.” (McLaughlin’s statement emphasized the word “assaulted” in all-capital and boldfaced letters.)
When told by a reporter that Gavidia had not been arrested, McLaughlin clarified that Gavidia had been questioned by Border Patrol agents but there “is no arrest record.” She said a friend of Gavidia’s was arrested for assault of an officer.
As immigration operations have unfolded across Southern California in the last week, lawyers and advocates say people are being targeted because of their skin color. The encounter with Gavidia and others they are tracking have raised legal questions about enforcement efforts that have swept up hundreds of immigrants and shot fear into the deeply intertwined communities they call home.
Agents picking up street vendors without warrants. American citizens being grilled. Home Depot lots swept. Car washes raided. The wide-scale arrests and detainments — often in the region’s largely Latino neighborhoods — contain hallmarks of racial profiling and other due process violations.
“We are seeing ICE come into our communities to do indiscriminate mass arrests of immigrants or people who appear to them to be immigrant, largely based on racial profiling,” said Eva Bitran, a lawyer at ACLU of Southern California.
When asked about the accusations of racial profiling, the White House deflected.
Calling the questions “shameful regurgitations of Democrat propaganda by activists — not journalists,” White House spokeswoman Abigail Jackson chided The Times reporters Saturday for not reporting the “real story — the American victims of illegal alien crime and radical Democrat rioters willing to do anything to keep dangerous illegal aliens in American communities.”
She did not answer the question.
McLaughlin said in a statement, “Any claims that individuals have been ‘targeted’ by law enforcement because of their skin color are disgusting and categorically FALSE.”
She said the suggestion fans the flames and puts agents in peril.
“DHS enforcement operations are highly targeted, and officers do their due diligence,” she said. “We know who we are targeting ahead of time. If and when we do encounter individuals subject to arrest, our law enforcement is trained to ask a series of well-determined questions to determine status and removability.
“We will follow the President’s direction and continue to work to get the worst of the worst criminal illegal aliens off of America’s streets,” she said.
Customs and Border Protection officers are stationed at the federal building in Los Angeles on Friday.
(Myung J. Chun / Los Angeles Times)
The unprecedented show of force by federal agents follows orders from White House Deputy Chief of Staff Stephen Miller, the architect of Trump’s immigration plan and a Santa Monica native, to execute 3,000 arrests a day. In May, Miller reportedly directed top ICE officials to go beyond target lists and have agents make arrests at Home Depot or 7-Eleven convenience stores.
U.S. Customs and Border Protection did not answer specific questions about the encounter with Gavidia and said that immigration enforcement has been “targeted.” The agency did not explain what is meant by targeted enforcement.
But a federal criminal complaint against Javier Ramirez, another of Gavidia’s friends, said Border Patrol agents were conducting a “roving patrol” in Montebello around 4:30 p.m. when they “engaged a subject in a consensual encounter” in a parking lot on West Olympic Boulevard. The complaint noted that the parking lot is fenced and gated, but that, at the time of the interaction, the gate to the parking lot was open.
The enforcement was part of a roving patrol in what John B. Mennell, a spokesman for Customs and Border Protection, said was a “lawful immigration enforcement operation” in which agents also arrested “without incident” an immigrant without legal status.
Gavidia said he and Ramirez both rent space at the tow yard to fix cars.
On video captured by a security camera at the scene, the agents pull up at the open gate in a white SUV and three agents exit the car. At least one covers his face with a mask as they walk into the property and begin looking around. Shortly after, an agent can be seen with one man in handcuffs calmly standing against the fence, while Ramirez can be heard shouting and being wrestled to the ground.
Gavidia walks up on the scene from the sidewalk outside the business where agents are parked. Seeing the commotion, he turns around. An agent outside the business follows him and then another does.
Gavidia, whom Mennell identified as a third person, was detained “for investigation for interference (in an enforcement operation) and released after being confirmed to be a U.S. citizen with no outstanding warrants.”
“Video didn’t show the full story,” he said in a statement.
But it is unclear from the video exactly what that interference is. And Gavidia denies interfering with any operations.
CBP, the agency that has played a prominent role in the recent sweeps, is also under a federal injunction in Central California after a judge found it had engaged in “a pattern and practice” of violating people’s constitutional rights in raids earlier this year.
U.S. Border Patrol Sector Chief Greg Bovino, who oversaw raids that included picking people up at Home Depot and stopping them on the highway, has emerged as a key figure in L.A. He stood alongside Homeland Security Secretary Kristi Noem on Thursday at a news conference where Sen. Alex Padilla — the state’s first Latino U.S. senator — was handcuffed, forced to the ground and briefly held after interrupting Noem with a question.
“A lot of bad people, a lot of bad things are in our country now,” Bovino said. “That’s why we’re here right now, is to remove those bad people and bad things, whether illegal aliens, drugs or otherwise, we’re here. We’re not going away.”
Bovino said hundreds of Border Patrol agents have fanned out and are on the ground in L.A. carrying out enforcement.
A federal judge for the Eastern District of California ordered Bovino’s agency to halt illegal stops and warrantless arrests in the district after agents detained and arrested dozens of farmworkers and laborers — including a U.S. citizen — in the Central Valley shortly before President Trump took office.
The lawsuit, brought by the United Farm Workers and Central Valley residents, accused the agency of brazenly racial profiling people in a days-long enforcement. It roiled the largely agricultural area, after video circulated of agents slashing the tires of a gardener who was a citizen on his way to work, and it raised fears that those tactics could become the new norm there.
The effort was “proof of concept,” David Kim, assistant chief patrol agent under Bovino, told the San Diego investigative outfit Inewsource in March. “Testing our capabilities, and very successful. We know we can push beyond that limit now as far as distance goes.”
Bovino said at the news conference that his agents were “not going anywhere soon.”
“You’ll see us in Los Angeles. You’ll continue to see us in Los Angeles,” he said.
Bitran, who is working on the case in the Central Valley, said Miller’s orders have “set loose” agents “with a mandate to capture as many people as possible,” and that “leads to them detaining people in a way that violates the Constitution.”
In Montebello, a 78% Latino suburb that shares a border with East Los Angeles, Border Patrol agents took Gavidia’s identification. Although they eventually let him go, Ramirez, also American and a single father of two, wasn’t so lucky.
Tomas De Jesus, Ramirez’s cousin and his attorney, said authorities are accusing him of “resisting arrest, assaulting people” after agents barged into a private business, “without a warrant, without a probable cause.”
“What is the reasonable suspicion for him to be accosted?” De Jesus questioned. “What is the probable cause for them to be entering into a private business area? … At this moment, it seems to me like they have a blanket authority almost to do anything.”
Ramirez has been charged in a federal criminal complaint with assaulting, resisting or impeding a federal officer. Authorities allege that Ramirez was trying to conceal himself and then ran toward the exit and refused to answer questions about his identity and citizenship. They also allege he pushed and bit an agent.
Montebello Mayor Salvador Melendez said he’d watched the video and called the situation “extremely frustrating.”
“It just seems like there’s no due process,” he said. “They’re going for a specific look, which is a look of our Latino community, our immigrant community. They’re asking questions after. … This is not the country that we all know it to be, where folks have individual rights and protections.”
A third individual was detained on the street for investigation for interference and released after being confirmed to be a U.S. citizen with no outstanding warrants.
Even before the video was looping on social media feeds, Angelica Salas — who heads one of the most well-established immigration advocacy groups in Los Angeles — said she was getting reports of “indiscriminate” arrests and American citizens being questioned and detained.
“We have U.S. citizens who are being asked for their documents and not believed when they attest to the fact that they are U.S. citizens,” said Salas, executive director of the Coalition for Humane Immigrant Rights. “They just happen to be Latino.”
The Supreme Court has long held that law enforcement officers cannot detain people based on generalizations that would cast a wide net of suspicion on large segments of the law-abiding population.
“Some of the accounts I have heard suggest that they’re just stopping a whole bunch of people, and then questioning them all to find out which ones might be unlawfully present,” said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA Law School.
An agent can ask a person about “anything,” he said. But if the person declines to speak, the agent cannot detain them unless they have reasonable suspicion that the individual is unlawfully here.
“The 4th Amendment as well as governing immigration regulations do not permit immigration agents to detain somebody against their will, even for a very brief time, absent reasonable suspicion,” he said.
Just being brown doesn’t qualify. And being a street vendor or farmworker does not, either. A warrant to search for documents at a work site also is not enough to detain someone there.
“The agents appear to be flagrantly violating these immigration laws,” he said, “all over Southern California.”
Gavidia said the agents who questioned him in Montebello never returned his Real ID.
“I’m legal,” he said. “I speak perfect English. I also speak perfect Spanish. I’m bilingual, but that doesn’t mean that I have to be picked out, like, ‘This guys seems Latino; this guy seems a little bit dirty.’
“It was the worst experience I ever felt,” Gavidia said, his voice shaking with anger as he spoke from the business Friday. “I felt honestly like I was going to die.”
On Saturday, Gavidia joined De Jesus in downtown L.A. for his first-ever protest.
