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A federal judge in Chicago said she will allow top officials, including Border Patrol commander Gregory Bovino, to be deposed after chemical agents were deployed during immigration operations in Chicago, potentially violating a temporary restraining order she had put in place.

U.S. District Judge Sara Ellis, who was appointed by former President Barack Obama, held an emergency hearing Monday over possible violations stemming from two incidents, according to multiple reports.

Border Patrol official Kyle Harvick testified that agents used tear gas on Oct. 12 in Albany Park on the city’s North Side and again on Oct. 14 in the East Side neighborhood. Harvick argued the gas was deployed because those involved were not peacefull

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