ICE in Chicago: Nearly 3K arrested in Chicago immigration crackdown, Border Patrol Chief Dan Bovino says

Border Control Commander Greg Bovino spoke 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.

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 continued to grow after Border Patrol Commander Greg Bovino was photographed allegedly hauling a tear gas canister at protesters in little village. Monday morning, Bovino defended his actions.

"When we utilize force in law enforcement, this is in law in enforcement in general, as we use force, it's the least amount of force necessary to affect an arrest or to affect the successful outcome of any given mission that we're on," Bovino said. "So, whether it's the use of tear gas, or the use of hand techniques or any use of force by law enforcement, that's that least amount of force necessary to positively affect the outcome of that mission. And that's what we do here in Chicago."

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Bovino told ABC News nearly 3,000 people have been arrested in Chicago so far since the immigration crackdown began last month. Many have criticized the legalities on how arrests have been made including claims that no audible warnings are given before tear gas is deployed.

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The Department of Homeland Security also released a statement saying, "During the operations Border Patrol agents were surrounded and boxed in by a group of agitators. Federal law enforcement issued multiple lawful commands and verbal warnings, all of which were ignored."

Bovino is due in federal court Tuesday.