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  • 2 days ago
Federal courts intensified scrutiny of immigration raids by restricting chemical force at protests, underscoring tightening limits on crowd-control tactics. Recent injunctions in late 2025 and early 2026 curbed tear gas use against peaceful demonstrators during immigration enforcement operations. The rulings cite First Amendment rights and require evidence of immediate threats before Border Patrol deploys chemical munitions. Border Patrol commander Gregory Bovino vowed to use the minimum force necessary, drawing skepticism after a Chicago judge said he misrepresented tear gas events. In Minnesota, Judge Kate Menendez barred chemical munitions and detentions of nonviolent observers during immigration operations.

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00:00Border Patrol Chief Bovino defies judges tear gas ban, says we're going to continue.
00:06Federal immigration enforcement is under growing legal scrutiny as courts challenge how agents use force during protests tied to immigration raids.
00:14Tear gas and pepper spray have become central to disputes over First Amendment rights and enforcement authority.
00:20Border Patrol Commander Gregory Bovino publicly vowed to continue using the minimum amount of force necessary, including tear gas, despite court-imposed restrictions.
00:31His assurances face skepticism due to past court findings and video evidence from Chicago litigation, where a judge said Bovino misrepresented events surrounding tear gas deployment.
00:42While Bovino insists force was never used against peaceful protesters, civil rights groups and plaintiffs dispute that claim, raising questions about credibility and compliance.
00:53The use of tear gas and riot control munitions expanded under aggressive immigration enforcement strategies that emphasized large-scale raids and crowd control.
01:03These tactics, backed by administration priorities, became common during operations in major cities.
01:09Critics argue that this normalization of chemical agents blurred constitutional limits, prompting lawsuits and growing judicial scrutiny nationwide.
01:19Between late 2025 and early 2026, federal judges issued injunctions restricting tear gas use against peaceful protesters.
01:29In Minnesota, Judge Kate Menendez barred federal agents from using chemical munitions or detaining non-violent demonstrators during immigration operations.
01:37Similar rulings in Illinois and elsewhere reflect a broader judicial trend limiting force where First Amendment protections apply.
01:47Bovino's response, asserting force would still be used against those he deems violent, highlighted ongoing tension between courts and enforcement commanders.
01:55The Minnesota injunction directly protects protesters and observers who are not obstructing law enforcement.
02:01However, disputes persist over what constitutes violence or interference.
02:08Judges require evidence of immediate threats or concrete obstruction, while agents argue that behaviors like refusing to disperse can justify force, leaving enforcement decisions in a legal gray zone.
02:21Unclear guidance from DHS and the Attorney General's Office has created internal tension among agents, balancing court orders with operational demands.
02:29Legal experts warn that without clear directives, commanders may continue narrow interpretations of compliance, making independent oversight necessary to verify adherence.
02:40Further violations could trigger contempt rulings, sanctions, or personal liability for commanders.
02:47Past excessive force cases show potential for costly settlements.
02:51Politically, the dispute sits at the intersection of immigration enforcement, civil liberties, and judicial oversight, issues likely to shape debates heading into the 2026 election cycle.
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