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
Tyler Robinson update: Defense squeezes 'misleading' claim about ballistics in fight against death penalty

Tyler Robinson Defense Challenges ‘Misleading’ Ballistics Claim in Death Penalty Fight

Tyler Robinson defense seeks delays, fights cameras in Utah court Legal clashes…
Alan Greenspan, chair of Federal Reserve under 4 U.S. presidents, dies at age 100

Former Federal Reserve Chair Alan Greenspan Dies at 100 After Serving Four U.S. Presidents

Alan Greenspan, the influential economist who led the Federal Reserve through nearly…
DOJ sues New York over law barring federal agents from wearing masks

DOJ Files Lawsuit Against New York Over Mask Ban for Federal Agents

WASHINGTON — The Justice Department has filed a lawsuit against New York…
F-16 fighter jet intercepts civilian plane in restricted airspace over Maryland

F-16 Scrambles to Intercept Civilian Aircraft Flying in Restricted Maryland Airspace

A U.S. F-16 fighter jet was scrambled Saturday afternoon to intercept a…
Coke and Pepsi are rolling out QR codes linked to ingredient info

Coca-Cola and Pepsi Add QR Codes to Labels for Ingredient Information

Shoppers will soon be able to scan select soda packages for expanded…
ICE arrests illegal immigrant Illinois teacher linked to Tren de Aragua mass shooting

ICE Arrests Illinois Teacher Allegedly Linked to Tren de Aragua Mass Shooting

A former Illinois teacher who was living in the U.S. illegally has…
Mayor of former California oil boomtown speaks out about refusal to step down

California Oil Boomtown Mayor Breaks Silence on Refusal to Resign

The mayor of Avenal, a former California oil boomtown now caught in…
Keir Starmer resigns as British prime minister after devastating Labour revolt and local election losses

Keir Starmer Resigns as UK Prime Minister Following Labour Revolt and Local Election Defeats

British Prime Minister Keir Starmer said Monday he will step down, following…
WHCD Shooting Suspect Cole Allen Loses Fight to Remove Top Prosecutors from Case - Internewscast Journal

WHCD Shooting Suspect Cole Allen Loses Fight to Remove Top Prosecutors from Case

A federal judge on Monday declined to disqualify Acting Attorney General Todd…
Judge rules DOJ used grand jury subpoenas to coerce Minnesota officials on ICE enforcement during Metro Surge

Judge Finds DOJ Pressured Minnesota Officials With Grand Jury Subpoenas in ICE Metro Surge Case

A federal judge has thrown out six grand jury subpoenas issued by…
Russia preparing hybrid attacks on NATO's eastern flank, intelligence warns

Intelligence Warns of Russian Hybrid Attack Plans Targeting NATO’s Eastern Flank

Latvia’s intelligence service is cautioning that Russia may be laying the groundwork…
Attendees at Skokie, Illinois Israel Independence Day event express optimism, concern about US-Iran talks

Skokie Israel Independence Day Attendees Voice Hope and Concern Over US-Iran Talks

SKOKIE, Ill. (WLS) — Hundreds of people gathered in Skokie on Monday…