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In a recent development from Chicago, an appeals court has sided with the Trump administration, effectively halting a federal judge’s attempt to receive daily briefings from a Border Patrol official regarding the ongoing immigration enforcement in the region. This decision marks a significant moment in the contentious debate over immigration practices and judicial oversight.
The ruling came after U.S. District Judge Sara Ellis issued an order seeking daily updates from Greg Bovino, a Border Patrol official. Her intent was to scrutinize the government’s actions amidst reports of excessive force and tear gas being used against protesters. However, the 7th U.S. Circuit Court of Appeals intervened, stating that such an order would place Judge Ellis in an inappropriate role, more as an interrogator than an impartial judge, thereby breaching the principle of separation of powers.
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Judge Ellis’s concerns were rooted in allegations of misconduct during immigration enforcement operations, prompting her to call for increased oversight. Despite her intentions, the appeals court’s decision on Wednesday, which was reinforced on Friday, has currently put a pause on her order.
In a related matter, Illinois advocates are challenging federal authorities over conditions at a local immigration facility. On Friday, attorneys from the American Civil Liberties Union of Illinois and the MacArthur Justice Center filed a lawsuit, accusing U.S. Immigration and Customs Enforcement (ICE) agents of maintaining “inhumane” conditions at the Broadview facility near Chicago.
The lawsuit highlights serious concerns, alleging that detainees at the facility have been denied private communication with their lawyers. Furthermore, it claims that ICE has obstructed access to the facility for members of Congress, religious leaders, and journalists, effectively creating a “black box” environment that allows unchecked authority and potential abuses.
Agents have also allegedly coerced people held at the processing center to sign paperwork they don’t understand, leading them to unknowingly relinquish their rights and face deportation, according to the lawsuit.
Alexa Van Brunt, director of the MacArthur Justice Center’s Illinois office and lead attorney for the lawsuit, said community members are “being kidnapped off the streets, packed in hold cells, denied food, medical care, and basic necessities, and forced to sign away their legal rights.”
“Everyone, no matter their legal status, has the right to access counsel and to not be subject to horrific and inhumane conditions,” she said.
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Homeland Security Department Assistant Secretary Tricia McLaughlin denied the assertions and said such allegations have contributed to an increase in death threats against immigration officers. She said people are held only briefly before being transferred to detention facilities.
“Any claims there are subprime conditions at the Broadview ICE facility are false. All detainees are provided with 3 meals a day, water, and have access to phones to communicate with their family members and lawyers,” the statement said. “No one is denied access to proper medical care. There is a privacy wall around the toilet for detainees.”
Attorneys accuse ICE, DHS and U.S. Customs and Border Protection of violating detainees’ constitutional rights to due process and access to a lawyer and have asked the court to force the agencies to improve the facility’s conditions.
The 76-page lawsuit paints a bleak picture of the facility, which attorneys say is “extremely cramped” and “smells strongly of feces, urine, and body odor,” while insects were found in the sinks and clogged toilets led to urine on the floor. One man described people lying on top of each other and in the bathroom, unable to find space to sleep.
“They treated us like animals, or worse than animals, because no one treats their pets like that,” one woman said in the lawsuit.
Several people said they were detained at the processing center for durations ranging from a couple days to three weeks.
Advocates have for months raised concerns about conditions at the facility, which has drawn scrutiny from members of Congress, political candidates and activist groups. Lawyers and relatives of people held there have called it a de facto detention center, saying up to 200 people have been held at a time without access to legal counsel.
The Broadview center has also drawn demonstrations, which have led to the arrests of numerous protesters. The protests are at the center of a separate lawsuit from a coalition of news outlets and protesters who claim federal agents violated their First Amendment rights by repeatedly using tear gas and other weapons on them.
Ellis sided with the coalition earlier this month, requiring federal agents in the Chicago area to wear badges and banning them from using certain riot control techniques against peaceful protesters and journalists. Later, Ellis also required body cameras for agents who have them after raising concerns about her initial order not being followed.
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This story has been updated to remove incorrect references to specific constitutional protections.
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