Trump admin. asks appeals court to pause Chicago-area federal immigration agents use of force injunction while it considers appeal

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.

ABC7 Chicago is now streaming 24/7. Click here to watch

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.

RELATED | Chicago federal intervention: Tracking surge in immigration enforcement operations | Live updates

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.

You May Also Like
Maine Dem Senate Candidate Platner Says He Forgot to Close His Kik Account. Sure.

Maine Senate Candidate’s Kik Account Controversy: A Simple Oversight or Something More?

Maine’s Democratic Senate hopeful, Graham Platner, finds himself entangled in a new…
Trans track athlete AB Hernandez competes in state championships as protests mount outside stadium

Trans Track Star AB Hernandez Shines at State Championships Amidst Heated Stadium Protests

On Saturday, transgender athlete AB Hernandez took part in the CIF State…
A rematch of 1999: It's Spurs vs. Knicks for NBA title, after teams met in NBA Cup final as well

Relive the Epic 1999 Showdown: Spurs and Knicks Clash Again for NBA Glory!

OKLAHOMA CITY — A familiar storyline unfolds as the New York Knicks…
Scott Peterson's longtime lawyer claims 'new' evidence could force courts to revisit his murder conviction

Scott Peterson’s Legal Team Unveils Potentially Groundbreaking Evidence in Bid to Reopen Murder Conviction Case

In the ever-bustling city of Las Vegas, Scott Peterson’s seasoned lawyer has…
NYPD commissioner 'proudly' leads Israel parade as grand marshal; Mamdani breaks tradition, avoids event

NYPD Commissioner Takes Center Stage at Israel Parade, While Mamdani Opts Out

The annual celebration in New York City honoring Israel commenced on Sunday,…
Shawn Rinnier, 17, suffers traumatic brain injury following Wissahickon Park attack in Chestnut Hill, Philadelphia

Tragic Assault in Wissahickon Park: Teen Shawn Rinnier Faces Battle with Traumatic Brain Injury

A family in Philadelphia is desperately seeking answers after their 17-year-old son…
NYPD investigating after surveillance video captures group entering sewers through manholes

NYPD Probes Mysterious Group Seen Entering Sewers Through Manholes in Surveillance Video

Authorities in New York City are delving into a peculiar case involving…
NYC residents in hot nabe demand judges give up parking lot to provide crucial amenity

New York City Residents Advocate for Repurposing Judges’ Parking Lot into Essential Community Facility in High-Demand Neighborhood

“Objection, your Honor!” On Sunday, a large group of Brooklyn residents gathered…
Boyfriend accused of killing pregnant teen, baby battles for life

Tragic Case: Boyfriend Charged with Murder of Pregnant Teen as Baby Fights for Survival

A tragic incident shattered a family vacation in San Diego this past…
Search underway for 4 Alabama inmates who escaped correctional center

Intense Manhunt Launched for Four Escaped Alabama Inmates

Authorities in central Alabama are actively searching for four inmates who made…
Trump to headline 'Great American State Fair' for nation's 250th anniversary after artists drop out

Trump Takes Center Stage at ‘Great American State Fair’ for Nation’s 250th Anniversary Amid Artist Withdrawals

An event planned to commemorate America’s 250th anniversary, known as “The Great…
Ethan Hawke reveals what career achievement 'The Lowdown' helped him reach

Ethan Hawke Shares How ‘The Lowdown’ Boosted His Career Milestones

Now that’s commitment. Ethan Hawke was hard at work filming the second…