Border Patrol commander vows continued tear gas use after Minnesota federal judge's order

Border Patrol commander Gregory Bovino said federal agents would continue deploying tear gas against violent protesters who "cross the line" amid ongoing unrest and heightened tension across the Twin Cities.

"We're going to continue to use that minimum amount of force necessary to accomplish our mission," Bovino said Saturday on "Fox News Live," adding that immigration officers have never used tear gas against "peaceful protesters."

Federal agents cannot use pepper spray or other non-lethal munitions and crowd-dispersal tools against peaceful protesters, according to the ruling, and peacefully following officers "at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop."

"There is no sign that this operation is winding down-indeed, it appears to still be ramping up," she wrote.

"We applaud the court's decision in the ACLU's lawsuit, which prohibits federal immigration agents from targeting or retaliating against those peacefully and lawfully protesting or observing Operation Metro Surge operations."

"Thank you to the ACLU and the plaintiffs for standing firm in defense of this bedrock freedom," he added.

After the ruling, DHS Assistant Secretary Tricia McLaughlin said the First Amendment does not protect "rioting," adding that DHS is "taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters."

McLaughlin added that law enforcement has followed their training and has "used the minimum amount of force necessary to protect themselves, the public, and federal property."