CHICAGO (OnPoint) — A federal appeals court on Wednesday temporarily halted an order that restricted the use of force by federal immigration agents in the Chicago area, characterizing it as overbroad and too prescriptive.
The 7th U.S. Circuit Court of Appeals emphasized caution against misinterpreting its stay, suggesting that a swift appeal process might yield a more tailored and appropriate directive.
This legal development follows a recent decision by U.S. District Judge Sara Ellis, who had issued a preliminary injunction in response to a lawsuit from media outlets and advocates alleging that federal officers employed excessive force during a crackdown that led to more than 3,000 arrests since September in the city and surrounding areas.
Government attorneys contended that the injunction hindered the enforcement of immigration laws, potentially undermining the constitutional framework.
The three-judge panel, in issuing the stay, indicated that the government’s arguments seem likely to prevail in an upcoming trial.
In their ruling, the justices stated, The preliminary injunction entered by the district court is overbroad. The district court’s order enjoins an expansive range of defendants, including the President of the United States, the entire Departments of Homeland Security and Justice, and anyone acting in concert with them.
Authorities had argued in favor of their right to enforce laws without excessive judicial interference, claiming that such restrictions could lead to legal ambiguities.
Ellis' initial order prohibited agents from employing physical or chemical force, such as tear gas and pepper balls, unless absolutely necessary, to curb the alleged infringement of the constitutional rights of journalists and activists.
Testimonies presented during hearings revealed distressing accounts of the use of crowd-control measures, with witnesses recounting experiences involving tear gas and pepper projectiles during protests.
Ellis had labeled testimonies from previous Trump administration officials as simply not credible.” This included statements from Gregory Bovino, a Border Patrol commander who oversaw the Chicago intervention before transferring to North Carolina.
The controversial immigration operation has resulted in multiple lawsuits alleging severe treatment of detainees at a local immigration facility. Recent inquiries prompted by a legal complaint led to inspections by a federal judge and attorneys at a longstanding U.S. Immigration and Customs Enforcement center just outside Chicago.
