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

ICE Seeks Hold on Previously Deported Kentucky Landlord Charged With Rape - Internewscast Journal

ICE Seeks Hold on Previously Deported Kentucky Landlord Charged With Rape

Twice-deported illegal immigrant charged with rape, kidnapping Former Acting ICE Director Jonathan…
Lisa Demuth Defeats Mike Lindell for Minnesota Governor Nomination

Lisa Demuth Defeats Mike Lindell for Minnesota Governor Nod

Lisa Demuth secured the Republican nomination for Minnesota governor Tuesday night, defeating…
ICE Seeks $20M Shock Glove Deal as Hochul Threatens Legal Action - Internewscast Journal

ICE Seeks $20M Shock Glove Deal as Hochul Threatens Legal Action

Federal judge blocks New York law requiring ICE agents to wear ID…
More than 3,000 missing after Colombia earthquake as Trump administration provides $15.5 million in relief

Colombia Earthquake Leaves 3,000 Missing as U.S. Sends $15.5M Aid

More than 3,000 people were reported missing in Colombia on Tuesday after…
Pat McAfee Greets President Trump Before ESPN’s Patriot Games - Internewscast Journal

Pat McAfee Greets President Trump Before ESPN’s Patriot Games

ESPN’s Pat McAfee was in Ohio alongside President Donald Trump for the…
California Man Eyed to Replace White House Press Secretary - Internewscast Journal

California Man Eyed to Replace White House Press Secretary

A California native with ties to former Gov. Arnold Schwarzenegger has emerged…
Fighter Jets Intercept Civilian Plane Near Trump’s Teen Sports Event in Geneva, Ohio - Internewscast Journal

Fighter Jets Intercept Civilian Plane Near Trump’s Teen Sports Event in Geneva, Ohio

Military fighter jets intercepted a civilian aircraft Tuesday after it entered restricted…
Parent Coalition Presses Gov. Hochul to Join Trump Administration’s Freedom Scholarship Program - Internewscast Journal

Parent Coalition Presses Gov. Hochul to Join Trump Administration’s Freedom Scholarship Program

A statewide alliance of parents connected to religious and private schools is…
Florida Deputy Fatally Shot Ex-Girlfriend in Fight Over TV, Then Killed Himself, Sheriff Says - Internewscast Journal

Florida Deputy Fatally Shot Ex-Girlfriend in Fight Over TV, Then Killed Himself, Sheriff Says

This report contains discussion of suicide. If you or someone you know…
Flames Erupt From American Airlines Flight Moments Before Emergency Landing - Internewscast Journal

Flames Erupt From American Airlines Flight Moments Before Emergency Landing

Video from inside an American Airlines jet appeared to show flames bursting…
ICE Plans Electric-Shock Gloves for Officers That Can Inflict Pain - Internewscast Journal

ICE Plans Electric-Shock Gloves for Officers That Can Inflict Pain

Immigration and Customs Enforcement officers could soon receive specialized gloves designed to…
Marine Veteran Freed From Russian Prison After 4 Years Returns to US for Treatment Amid Abuse Claims - Internewscast Journal

Marine Veteran Freed From Russian Prison After 4 Years Returns to US for Treatment Amid Abuse Claims

Freed Marine veteran Robert Gilman is back in the United States, returning…