ICE in Chicago: Federal agents engaged in widespread misrepresentations to justify use of force, Judge Ellis says
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CHICAGO (WLS) — In a revealing investigation, the ABC7 I-Team delves into a collection of videos that Judge Sara Ellis ordered to be released. These videos serve as critical evidence in her decision to issue a preliminary injunction earlier this month. The injunction restricts federal agents’ use of force against protesters and journalists during “Operation Midway Blitz” in the Chicago area.

The video evidence, sourced from the law firm Loevy and Loevy, is central to a legal battle involving protesters, religious leaders, and media representatives who have sued the U.S. Department of Homeland Security. The firm’s clients claim excessive force was used by federal agents.

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Judge Ellis’s comprehensive 233-page opinion highlights several instances where the narrative presented by the Department of Homeland Security is at odds with the footage captured by agents’ body cameras. This discrepancy is a focal point in her ruling.

One of the notable examples from her judgment took place on September 26 outside the Broadview ICE facility. The body camera video reveals a line of agents positioned at least 30 feet from protesters. Despite this considerable distance, the agents are seen commanding the protesters to “move back, move back” before deploying pepper balls and tear gas. Judge Ellis noted that this action appeared to lack any apparent provocation or justification.

On September 26 outside of the Broadview ICE facility, video from an agent’s body-worn camera shows a line of agents standing at least 30 feet away from protesters. Despite this distance, the agents start yelling “move back, move back” to the protesters and then shoot pepper balls and tear gas at them, all without any apparent justification, according to Judge Sara Ellis’s 233-page opinion.

She said an agent wrote in his use of force report about this incident that protesters were “becoming increasingly hostile.” However, Judge Ellis wrote in her opinion the video shows protesters were simply standing there when agents first deployed any force.

On October 4 in Brighton Park, footage shows an agent pushing a protestor to the ground. Then, tear gas and pepper balls are released. Judge Ellis wrote that only after tear gas, pepper balls and a protester was pushed to the ground by agents did protesters throw items, which “does not support agents’ use of force.”

In an incident the ABC 7 I-Team covered in Albany Park on October 12, Judge Ellis wrote that agents said in reports, and DHS publicized, that a bicyclist threw a bike at agents. But in a video, provided with no sound to start, she says it “makes clear” that agents first throw tear gas, then take a protester’s bike throwing it and multiple other protesters to the ground after deploying tear gas.

Ellis also noted an agent is seen in redacted and blurred video from his body-worn camera in at least one instance using ChatGPT to write a use of force report, saying “to the extent that agents use ChatGPT to create their use of force reports, this further undermines their credibility…” Judge Ellis went on to say “…it becomes difficult, if not impossible, to believe almost anything that Defendants represent.”

The 7th Circuit Court of Appeals stayed Judge Ellis’s initial order while the Trump administration’s appeal is heard.

Despite what the videos shower, neither the Department of Homeland Security nor Border Patrol Chief Greg Bovino has ever admitted to an unjustified use of force, claiming throughout that all of their actions have been justified and lawful.

The I-Team reached out to DHS but have not received a response.

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