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The Trump administration has urgently petitioned the 7th Circuit Court of Appeals to temporarily halt a preliminary injunction concerning the conduct of federal immigration agents in the Chicago area. The administration argues that the order disrupts the balance of power among government branches.
The Department of Justice criticized the district court’s decision, stating, “The district court has issued an extraordinary preliminary injunction that improperly expands the judicial role and violates the separation of powers.” The DOJ highlighted that what began as a complaint from journalists and protesters about the use of crowd-control measures by Department of Homeland Security officers at protests in September and October has escalated into judicial interference in federal law enforcement operations in Chicago.
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District Judge Sara Ellis recently implemented a preliminary injunction that imposes limitations on the use of force by federal immigration agents. Notably, it restricts agents from utilizing riot control weapons against journalists, demonstrators, and religious figures without prior warning, except when necessary to prevent immediate threats of harm.
The DOJ labeled the order as “excessively broad and impractical.”
The government asserted, “This broad and impractical injunction lacks legal grounding, endangers federal officers, and infringes on the separation of powers. Plaintiffs do not have the standing to request such extensive relief based solely on previous alleged misconduct, which they merely speculate could happen again.” They further argued that the injunction is impractical, as it essentially positions a single district court as a supervisory body over federal officers’ daily operations.
The injunction affects federal agents’ use of force as part of “Operation Midway Blitz.”
Ellis said the government lied under oath, saying federal agents’ conduct in the Chicagoland area shows no signs of stopping.
The U.S. Department of Homeland previously appealed Judge Ellis’ order.
The injunction largely mirrors and replaces the temporary restraining order that preceded it, forbidding the use of force against journalists and peaceful protesters and strictly limiting the manner and place in which chemical agents may be deployed.
Hours of testimony from elected officials, media representatives and others recounted being tear gassed and shot at with pepper bullets, all leading to the judge’s decision.
She said agents’ own body camera videos submitted by U.S. Immigration and Customs Enforcement does not match up with what DHS claims happened in several incidents from the past two months.
SEE ALSO | Judge issues temporary restraining order against DHS for Broadview ICE facility conditions
She said the video showed clear excessive use of force against protesters amid immigration enforcement, whether at the Broadview ICE facility or out on the streets in the Chicago area, deploying tear gas without warning, instigating chaos and pushing protesters to the ground.
“It is difficult to see how an injunction requiring the government to follow the Constitution could possibly be harmful,” the judge said.
She also disputed statements made during Border Patrol Cmdr. Greg Bovino’s own recorded deposition, in which he defended his actions and those of federal agents.
Ellis called Bovino out for at least three instances in which his deposition contradicted the video evidence, including the Little Village incident on Oct. 23 when Bovino publicly said he had thrown a tear gas canister at protesters after being hit by a rock in the head. He later admitted, under oath, he had thrown it before.
Although Bovino said, all uses of force and arrests that he’s seen have been – “more than exemplary” and the government has argued, agents have the right to protect themselves.
It is worth noting that while the 7th Circuit did block Ellis’ attempt to have Bovino meet with her daily, they did uphold the TRO that this order replaces. If it survives on appeal, the preliminary injunction will remain in effect until a trial on this case can be held.
ABC News contributed to this report.
