Appeals Court Blocks Order Requiring Top Border Patrol Official to Appear in Court Every Day

A U.S. appeals court blocked an order requiring Customs and Border Protection commander-at-large Gregory Bovino to give a federal judge a daily briefing on federal immigration enforcement efforts in Chicago.

The Oct. 31 decision stemmed from an Oct. 28 order by Judge Sara Ellis of the U.S. District Court for the Northern District of Illinois, which required Bovino to appear in court at 5:45 p.m. every weekday to report on the enforcement of immigration laws by federal agents in Chicago.

Ellis justified her order by stating that she had seen videos that raised concerns about compliance with her Oct. 9 temporary restraining order—which enjoined officers from issuing dispersal orders, using riot control equipment, and using force against protesters who are not posing a physical threat to officers—according to the appeals court order.

The Seventh Circuit Court of Appeals granted the federal government’s request to temporarily block Ellis’s order.

The appeals court stated that Ellis’s order placed the court “in the position of an inquisitor” and a supervisor of Bovino’s work, thereby intruding into the executive branch’s personnel management decisions.

“These two problems are related and lead us to conclude that the order infringes on the separation of powers,” it stated.

“Review by appeal at the end of the case would not solve the problems created in the interim, which justifies review by a prerogative writ.”

On Oct. 21, Ellis also ordered that federal law enforcement officers conducting removals of illegal immigrants in Chicago wear body cameras during operations.

Before the appeals court decision, Bovino told Fox News on Oct. 30 that he was looking forward to meeting Ellis and briefing her on the extent of violence perpetrated against law enforcement following the immigration crackdown in Chicago.

“She’s going to have a very good firsthand look at just how bad things really are on the streets of Chicago. I look forward to meeting with that judge to show her exactly what’s happening and the extreme amount of violence perpetrated against law enforcement here,” Bovino said.

Protests have been held near the ICE Broadview facility over federal immigration enforcement operations in Chicago, and protesters have clashed with federal law enforcement and attempted to block their vehicles.

President Donald Trump has criticized the protests and sought to deploy the National Guard in the Chicago area to protect federal officers as they carry out enforcement operations.

Trump issued a presidential order to federalize the Illinois National Guard, which has been challenged in court and upheld by the U.S. Court of Appeals for the Seventh Circuit.

Arjun Singh contributed to this report.