CHICAGO (WLS) — U.S. Border Patrol Commander Greg Bovino is set to appear before a federal judge this Tuesday.

The focus of the questioning will be on the deployment of tear gas by federal agents.

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During the proceedings, the judge emphasized that journalists must be permitted to perform their duties without interference.

While the judge acknowledged that Department of Homeland Security officials can use force in urgent situations, they stressed that individuals in public spaces should generally be allowed to remain.

The use of riot control measures, such as tear gas, on journalists or non-threatening protesters was deemed unacceptable by the court.

The judge noted one of the plaintiffs indicated a person was shot in the neck by pepper balls and was not posing a serious threat and also pointed to a video of a woman in Little Village pulled to the ground with a knee on her back.

Border Patrol Commander Bovino is accused of violating a federal judge’s order by throwing a tear gas canister into a crowd in Little Village last week.

When asked about orders given to agents about visible identification, Bovino said he instructed agents to affix identification conspicuously.

In a new court filing, attorneys are asking a federal judge to block immigration agents from using tear gas in Chicago.

Attorneys point to incidents in the last week in Little Village, Lakeview and Old Irving Park.

A current court order calls for agents to give at least two verbal warnings before using tear gas during protests.

Bovino spoke with ABC News ahead of Tuesday’s hearing, and defended his actions.

“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,” Bovino said.

In response to the new court filing, the Department of Homeland Security says in part:

“The First Amendment protects speech and peaceful assembly – not rioting. DHS is taking reasonable and constitutional measures to uphold the rule of law and protect our officers. ICE officers are facing a nearly 1000% increase in assaults against them as they put their lives on the line to arrest murderers, rapists, and gang members.”

If Bovino is found to be deliberately ignoring the judge’s orders and the temporary restraining order, he could be held in contempt of court after a different hearing.