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A federal appeals court has blocked a lower-court ruling that sought to limit how immigration agents can use force during Chicago-area enforcement operations, calling the judge’s order “overbroad” and “too prescriptive.”
The Seventh Circuit panel cautioned against “overreading” its stay, noting that a fast-track appeal could result in a “more tailored and appropriate” order.
Earlier this month, U.S. District Judge Sara Ellis issued a preliminary injunction after media organizations and demonstrators accused federal officers of using excessive force during an immigration operation that has resulted in more than 3,000 arrests since September across Chicago and nearby communities.
Justice Department lawyers argued that the order restricted law enforcement’s ability to carry out its duties and could “subvert” the constitutional structure.
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The panel said the order was “too prescriptive” because it specified riot control weapons and other devices in a way that “resembles a federal regulation.”
Ellis’ order barred agents from using physical force and chemical agents such as tear gas and pepper balls unless necessary or to prevent “an immediate threat.” The judge said the use of those tools violated the constitutional rights of journalists and protesters.
Witnesses told the court they were tear-gassed, shot with pepper balls while praying, and had guns pointed at them.
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Ellis found that Trump administration witnesses were “simply not credible,” including Gregory Bovino, a Border Patrol commander who led the Chicago area operation before moving on to North Carolina.
Bovino has defended the agents’ use of force and oversaw about 230 officers from U.S. Customs and Border Protection in the region beginning in September. Federal border agents are expected to next be deployed to New Orleans.
The immigration operation has drawn multiple lawsuits, including claims of inhumane conditions at a federal immigration facility — allegations that prompted a federal judge and attorneys to visit the U.S. Immigration and Customs Enforcement center outside Chicago last week.
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DHS spokeswoman Tricia McLaughlin called the stay “a win for the rule of law and for the safety of every law enforcement officer.”
The Associated Press contributed to this report.
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