Judge extends restriction on use of aggressive tactics by ICE agents in Chicago
The judge's ruling aims to protect the right to free speech of journalists, clergy, and protesters in Chicago
A federal judge presiding over a case concerning the use of force by ICE agents in Chicago, Illinois, imposed sweeping limitations on their tactics, calling justifications for the use of chemical weapons and other forms of force "simply false."
Federal Judge Sara Ellis, of the The Southern District of Illinois on Thursday ordered ICE agents to refrain from using force against peaceful protesters, religious leaders, and journalists in Chicago, ruling that the current practices of President Donald Trump's administration's "Operation Midway Blitz" violate their constitutional rights. The court order ruled that evidence presented by lawyers for the Trump administration lacked credibility. "It is difficult to conceive how a court order compelling the government to comply with the Constitution could be harmful," District Judge Sara Ellis said in explaining her decision. Ellis stated that she sees no need for the tactics agents are currently using, adding, "The use of force is inconceivable to me." The injunction responds to a lawsuit alleging excessive use of force by federal agents in their immigration enforcement operation in the Chicago area. Judge Ellis had previously issued a temporary restraining order. which prohibited officers from using tear gas and other riot control weapons against people who did not pose an immediate threat. Officers are also required to give two warnings before using tear gas or other riot control weapons. That preliminary order was set to expire on November 6.
Following repeated criticism from federal officials for failing to comply with her previous orders, Ellis added the requirement that officers wear body cameras during their operations.
The judge specified that her ruling, which is expected to be appealed by the Trump Administration, refines a previous order that required agents to wear visible identification and prohibited certain riot control techniques, such as tear gas, against peaceful protesters and journalists.
The judge also documented cases in which Border Patrol agents used force against residents, including protesters and people at prayer,in apparent violation of the First Amendment and her previous order prohibiting the use of tear gas and other methods against those who did not pose an immediate threat.
During a one-day hearing Wednesday, Ellis heard from religious leaders, protesters, and residents who reported feeling terrorized by the actions of 'Operation Midway Blitz.'
Since the beginning of October, federal agents in Chicago have used tear gas and pepper bullets on at least seven occasions, without prior warnings or compliance with the court order.
The judge stated that the government lied under oath, and that the violent conduct of the agents in the The Chicago metropolitan area shows no signs of stopping or moderating.
She added that the body camera videos of the agents, presented by ICE, do not match what DHS allegations occurred in several incidents over the past two months.
The judge noted that the videos showed a clear excessive use of force against protesters during immigration enforcement operations, both at the Immigration and Customs Enforcement detention center in Broadview and on the streets of the Chicago area, with the deployment of tear gas without warning, causing chaos and pushing protesters to the ground.
She also refuted the recorded testimony of Border Patrol Commander Greg Bovino, who was in charge of the operation, in which he defended his actions and those of the federal agents.
“I found the evidence presented by the government simply implausible; the use of force is inconceivable,” she stated. Ellis, who ordered the release of Bovino's testimony, which had been kept confidential until now. Ellis's ruling remains in effect until a final judgment is issued in the case. This type of order is called a preliminary injunction. The judge indicated that she would issue a written ruling later that same day. With information from EFE in apparent violation of the First Amendment and her prior order prohibiting the use of tear gas and other methods against those who did not pose an immediate threat.
During a one-day hearing Wednesday, Ellis heard from religious leaders, protesters, and residents who reported feeling terrorized by the actions of 'Operation Midway Blitz'.
Since the beginning of October, federal agents in Chicago have used tear gas and pepper bullets on at least seven occasions, without prior warnings or compliance with the court order.
The judge stated that the government lied under oath, and that the violent conduct of agents in the Chicago metropolitan area shows no indication of stopping or moderating.
She added that the body camera videos of the agents, presented by ICE, do not match what DHS allegations occurred in several incidents over the past two months.
The judge noted that the videos showed a Clear excessive use of force against protesters during immigration enforcement operations, both at the Immigration and Customs Enforcement detention center in Broadview and on the streets of the Chicago area, with the deployment of tear gas without warning, causing chaos and pushing protesters to the ground. He also refuted the recorded testimony of Border Patrol Commander Greg Bovino, who was in charge of the operation, in which he defended his actions and those of the federal agents. "I find the evidence presented by the government simply implausible; the use of force is inconceivable," stated Ellis, who ordered the release of Bovino's testimony, which had been kept confidential until now. Ellis's ruling remains in effect until a final judgment is issued in the case. This type of order is called a preliminary injunction. The judge indicated that she would ruling issue a written later that same day.

