CHICAGO (WLS) -- Border Control Cmdr. Greg Bovino spoke to ABC News ahead of his federal court appearance in Chicago Tuesday.

Bovino is defending his actions, but the judge in this case is going to look at two key elements. One is whether or not Bovino had his body-worn camera activated and if he gave at least two audible warnings before deploying tear gas. Both are required.

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What was supposed to be a Halloween parade in Old Irving Park turned to chaos as ICE agents appeared to deploy tear gas through residential streets last week. Outrage was sparked by the arrest of construction worker, Luis Villegas, whose family says he was working on a now-unfinished project before he was chased down and arrested by federal agents.

Tensions

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