Judge issues injunction over treatment of protesters, journalists in Chicago area
Judge imposes strict restrictions on immigration agents
A federal judge has banned federal immigration agents from using force against protesters and the media.
CHICAGO - A federal judge issued a preliminary injunction Thursday morning, barring federal immigration agents from using excessive force against demonstrators and journalists at Chicago-area protests.
What we know:
U.S. District Court Judge Sara Ellis handed down the ruling after yesterday’s hearing with testimony from more than a dozen witnesses. The preliminary injunction will take the place of the temporary restraining order which was set to expire today at 11:30 a.m.
The preliminary injunction will stay in place as long as litigation is ongoing, with no set end date.
Ellis said agents had often created violent situations, not the other way around, citing video evidence that contradicted statements made by Border Patrol Chief Greg Bovino and other federal officials.
The order continues to prohibit agents from using chemical weapons unless there is an immediate threat and requires them to wear body cameras. Ellis referenced incidents where federal agents were shown tackling protesters, including one at a Halloween parade in Old Irving Park, saying there was no indication that force was warranted.
Judge limits use of force by federal agents across Chicago area in latest ruling
A federal judge issued a preliminary injunction barring federal immigration agents from using excessive force against demonstrators and journalists at Chicago-area protests.
The case, brought by Chicago media organizations and community groups, argues that Border Patrol has infringed on First Amendment rights by targeting demonstrators and members of the press.
Ellis emphasized that enforcing the Constitution cannot be considered a harm to the government, and her ruling keeps federal agents under court supervision as the lawsuit proceeds.
Court updates
U.S. District Court Judge Sara Ellis began her remarks by quoting the Carl Sandurg poem "Chicago." She said the government’s case was simply not credible and praised the efforts of everyday people standing up to protest.
Ellis cited a Sept. 18 video that showed agents opening up the gates of the Broadview ICE facility and throwing flash grenades with no warning.
Ellis pointed out several examples where testimony from federal agents did not match video evidence from the scene, including one instance in Albany Park where agents reported that protesters threw a bike at them while video showed agents grabbing the bike and throwing it.
"Overall, this calls into question everything these defendants are doing,"
Eliis said.
On Sept. 26, Ellis said journalists from the Chicago Tribune and the Chicago Sun-Times were hit at close range with pepperballs with no protesters in sight.
Ellis acknowledged that violence has decreased outside the Broadview facility since a temporary Unified Command comprised of the Broadview Police Department, the Cook County Sheriff's Office and Illinois State Police was established on Oct. 2.
Federal agents deployed tear gas near an elementary school in Logan Square because a motorcycle had stopped in the street on Oct. 3, Ellis said.
In some reports, federal agents referred to people as agitators for blowing whistles, which Ellis said shows how out of touch they are.
Ellis said Border Patrol Chief Greg Bovino admitted that a rock that was thrown at him came after he deployed tear gas during an Oct. 22 skirmish with protesters.
Ellis cited a confrontation during an Oct. 25 Halloween parade in Old Irving Park where agents tackled a man in a duck costume, giving him a traumatic brain injury.
Citing violent confrontations between demonstrators and federal agents, Ellis said some people are wondering whether they should continue to protest: "That is a chilling effect."
The defendants claim that rioters mingled with protesters is not a credible version of events, Ellis said. She said to justify the suppression of a protest, there must be clear danger to the public.
What we know:
The order, set to expire at 11:30 a.m., was issued after agents deployed pepper balls and other crowd-control tactics against protesters during "Operation Midway Blitz" at the Broadview ICE facility.
Among those who testified Wednesday was Rev. David Black, a Woodlawn pastor who was captured on camera being shot twice in the face with pepper balls during a demonstration.
In a deposition read in court Wednesday, Bovino defended his agents’ actions, describing protesters as a "violent mob" and calling the use of force "exemplary."
Witnesses describe fear, force at Chicago hearing on border patrol conduct
After an all-day hearing with testimony from more than a dozen witnesses, Judge Sara Ellis will announce a key ruling in the case on Thursday morning.
Chicago media organizations argued that Border Patrol has sought to silence demonstrators and members of the press.
What they're saying:
Legal experts said the case could shape how federal agents operate in future protests.
"This is not done," said federal attorney Mike Leonard from Leonard Trial Lawyers. "This will be an ongoing thing probably for the next weeks and months in terms of litigation activity until ICE and Border Patrol are removed."
What's next:
The judge’s ruling is expected at 10 a.m. at the Dirksen Federal Building.
The Source: The information in this story came from court documents, an interview with attorney Mike Leonard and previous FOX 32 reporting.