On November 19, a US appellate court in Chicago temporarily suspended a judge’s order that restricted Immigration and Customs Enforcement (ICE) agents from using tear gas and other weapons to disperse crowds protesting the arrest of undocumented immigrants.
The Seventh Circuit Court of Appeals in Chicago approved the government’s emergency request in a brief opinion, pausing the enforcement of the order. The order had required immigration enforcement officers to give warnings before using tear gas and other weapons, prohibited them from arresting or dispersing journalists, and mandated the wearing of body cameras and clear identification.
The appellate court agreed with the government’s argument, stating that the judge’s order constituted an overreach into the federal law enforcement department in Chicago, effectively “prohibiting all law enforcement officers within the executive branch.”
The court mentioned that it would expedite the proceedings of the case.
Tricia McLaughlin, Assistant Secretary of the Department of Homeland Security (DHS), expressed in a statement that the ruling was “a victory for the rule of law, protecting the safety of every law enforcement officer.”
Judge Sara Ellis in Chicago issued the order on November 6 in support of the plaintiffs. The plaintiffs claimed to have been targeted for violent attacks due to their exercise of freedom of speech, assembly, and religion guaranteed by the US Constitution.
The plaintiffs consisted of protesters, journalists, and clergy members.
Judge Ellis heard testimonies from the plaintiffs recounting violent incidents they encountered during protests outside an immigration detention center in Broadview, Illinois, and on the streets of Chicago neighborhoods.
Multiple witnesses testified that law enforcement officers pointed guns at their heads after they filmed the protests; a pastor shared an experience of being hit in the face with a pepper ball while praying.
Judge Ellis also heard testimonies from federal immigration officers who reported incidents of violence directed at them during the protests.
In the ruling, Judge Ellis expressed skepticism towards the government’s claims about violent protesters, accusing federal agents of lying about the protesters’ actions.
A panel of three judges at the appellate court stated on Wednesday that they did not find the plaintiffs’ lawsuit groundless, but Judge Ellis’s order violated the principle of separation of powers. The panel believed that an order more tailored to address the alleged unconstitutional behavior of both parties might be more appropriate.
Since early September, ICE had designated Chicago as a focal point for immigration enforcement actions, where federal agents used tear gas to subdue protesters attempting to hinder the apprehension of individuals suspected of illegal entry.
In September, the Trump administration deployed National Guard troops to Chicago to combat crime. However, on October 16, a federal court ruling blocked this action, which is currently under review by the US Supreme Court.
*This article referenced reporting from Reuters.