A federal appeals court granted a request from the U.S. Department of Justice for an administrative stay pausing an order that requires Border Patrol Commander Gregory Bovino to meet in person with Judge Sara Ellis each day.
Judge Ellis ordered the meetings after a hearing on Tuesday in federal court over alleged violations by Bovino and other federal agents of her temporary restraining order largely prohibiting the use of tear gas and other riot control measures on journalists, protesters and clergy during Operation Midway Blitz in Chicago.
In response to numerous filings regarding violations of that order, Ellis instructed Bovino to meet with her every weekday evening to go over the events of the day until a preliminary injunction hearing on Nov. 5.
In their filing to the U.S. Court of Appeals for the Seventh Circuit, lawyers for the government argue the order “far exceeds the recognized bounds of discovery” and “significantly interferes” with Bovino’s function, which the government argues is “ensuring the Nation’s immigration laws are properly enforced.”
They also argue the meetings are “untethered to the plaintiffs’ underlying claims” and go beyond reasonable necessity to comply with the court orders already in place.
The DOJ argues the government will suffer irreparable harm because Bovino will have to prepare for each meeting and then appear in court at times he’d otherwise be working in his law enforcement capacity.
The government is asking for an immediate administrative stay of the order, which would effectively freeze it until the appellate court can make a more permanent ruling on the government’s motion for a permanent stay.
Just before 4 p.m., the court granted the administrative stay. They are giving the plaintiffs until 5 p.m. Thursday to respond to the petition. It is unlikely Bovino will be required to appear in court for a meeting Thursday either.
However, this administrative stay does not indefinitely stay the order. The appellate court could find the request reasonable and reinstate the requirement for Bovino to meet with Judge Ellis daily.Â
