The Trump administration is urging the 7th Circuit Court of Appeals to swiftly halt a preliminary injunction that restricts federal immigration agents’ use of force in the Chicago area. The administration argues that the injunction breaches the separation of powers as the appeal is under consideration.
In an emergency request, the Department of Justice criticized the district court’s injunction as an overstep of judicial authority. “The district court has issued an extraordinary preliminary injunction, improperly expanding the judicial role and violating the separation of powers,” the DOJ stated. The injunction initially stemmed from complaints by journalists and protesters who claimed that Department of Homeland Security officers targeted them with crowd-control devices during protests in September and October. The DOJ contends this has led to excessive judicial oversight of federal law enforcement in Chicago.
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Previously, District Judge Sara Ellis had issued the injunction, which imposes limits on the use of force by federal agents. The order specifically restricts the use of riot control weapons against journalists, demonstrators, and religious practitioners, except when warnings are given or when there’s an immediate threat to safety.
The Department of Justice criticized the judge’s order as excessively broad and impractical. “This overbroad and unworkable injunction lacks legal basis, endangers federal officers, and infringes on the separation of powers,” the DOJ stated. “The plaintiffs do not have the standing to pursue such broad relief based only on past alleged misconduct that might not recur. This injunction turns a single district court into a supervisory body for federal officers’ everyday operations.”
The injunction impacts the enforcement actions of federal agents under “Operation Midway Blitz.”
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.
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.
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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.
