Federal Judge Sara Ellis said the use of force by federal agents over the past several weeks in Chicago ”shocks the conscience” and has infringed on the constitutional rights of protesters, clergy, journalists and members of the community who have tried to document immigration operations.
Ellis issued a preliminary injunction Thursday that placed additional restrictions on federal immigration agents’ use of crowd control devices – including tear gas and pepper spray – noting that they can’t be used on protesters, clergy or journalists unless there is an imminent threat.
Her ruling came after a marathon hearing Wednesday in which members of the Chicago area – including protesters, clergy and journalists currently suing the Trump administration – testified that the agents’ use of force in neighborhoods and city streets gave them pause or left them fearful about continuing to protest or document that actions of agents conducting immigration arrests.
Judge Ellis found that the ‘chilling effect’ imposed by agents’ actions violated their constitutional rights of the group — who argue the use of tear gas and pepper balls has been excessive and unwarranted.
Attorneys representing the federal government have argued that immigration agents have had their tires slashed, been threatened or have been impeded from carrying out their duties by protesters in Chicago.
But the plaintiffs’ attorneys have countered that their clients have subjected to ‘brutal violence’ simply because the agents don’t like what they have to say or don’t like that citizens in Chicago oppose the Trump administration’s immigration policies.
At the start of the hearing Thursday, Ellis said the federal government’s argument lacked credibility and she pointed out there is a disconnect between how Chicagoans view their city versus the Trump administration.
And she began her hearing by reading the poem “Chicago” by author Carl Sandburg, which includes the lines:
… I turn once more to those who sneer at this my city, and I give them back the sneer and say to them:
Come and show me another city with lifted head singing so proud to be alive…
The preliminary injunction, which somewhat mirrors the requirements of Ellis’ previous temporary restraining order, now bars agents from using chemicals or crowd control weapons unless there’s an imminent threat.
It also provides further protections and requirements for journalists covering protests or immigration operations and requires that agents wear body-worn cameras.
In saying that defendants’ evidence lacks credibility, Ellis pointed out there’s also been a disconnect between agents’ use of force reports and what the videos of those encounters show.
She referenced an incident on October 12 in Albany Park, where agents claimed a bike was thrown at them. The video, played in court, shows it was agents who tossed the bike and used tear gas on a group who had locked arms near their vehicles.
A deputy Border Patrol official testified last month that the use of tear gas was justified because those who gathered were engaged in ”active resistance” through locking arms.
She also noted an October 23 incident in Little Village in which video shows Border Patrol Chief Gregory Bovino throwing a can of tear gas. He later told network television reporters that it was justified because he was hit by a rock.
Attorneys for the group of protesters, clergy and journalists suing over what they say is excessive force challenged that – saying Bovino later admitted it didn’t happen that way, according to plaintiffs’ attorney Steve Art.
Ellis pointed out the disconnection too – and also pointed to this exchange – where Bovino would not acknowledge that protesters had been hit by pepper balls outside the ICE processing center in Broadview, despite video evidence showing otherwise.
During the deposition, an attorney for the plaintiffs’ asked Bovino: ”You’ve seen pepper balls being discharged at protesters…
To which Bovino said: ”I don’t remember specific pepper balls being launched at demonstrators or protesters or whatever the word is.
The attorney then followed by saying: ”if I was to substitute the word violent mobs and assaulted individuals, would you acknowledge then that you’ve seen pepper balls discharged at folks at the Broadview ICE facility?”
Bovino then said: ”I have seen less lethal devices discharged at violence, rioters and or assaulted individuals.”
Bovino was seen out again on Thursday with agents in Little Village. He has said that all uses of force in Chicago over the past two months have been ”more than exemplary.”
In response to a question from NBC 5 Investigates, a Department of Homeland Security spokesperson issued a lengthy statement, saying in part that ”this injunction is an extreme act by an activist judge that risks the lives and livelihoods of law enforcement officers…’
The DHS statement went on to say that so called ”rioters” and ”terrorists” have also attacked agents, rammed their vehicles and destroyed government property. The DHS statement also said they plan to appeal Ellis’ ruling.
A status hearing in the case is set for next Thursday.
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