Chicago judge hears challenge to federal agents’ use of force, ruling expected ahead of TRO expiring

CHICAGO (WLS) — A federal judge listened to arguments Wednesday for possibly extending restrictions on federal agents working in Chicago as part of Operation Midway Blitz.

There was testimony from protesters, elected officials and media members accusing federal agents of violating their constitutional rights with repeated use of force. The government continues to dispute that, saying agents have only targeted rioters and not peaceful protesters.

The judge said a ruling will be issued Thursday morning.

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Wednesday’s preliminary injunction hearing was the culmination of a month-long court battle that began after several media organizations filed a lawsuit against the Department of Homeland Security over federal agents use of force tactics against protesters and journalists.

Since then, U.S. District Judge Sara Ellis imposed a temporary restraining order that limits how and when agents can deploy chemical agents can be used. That TRO, which has, according to plaintiffs been violated countless times, including by CBP Commander Gregory Bovino himself, expires Thursday.

Attorneys representing journalists, clergymen and demonstrators who say they’ve been harmed by federal immigration agents during protests and operations were expected to show images and videos of confrontations with agents and also call on witnesses in court.

Judge Ellis’ temporary restraining order restricts federal agents from using “riot control weapons” against journalists, protestors and religious practitioners without first issuing warnings unless necessary to stop an immediate threat.

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Plaintiffs argued the incidents shown in court to the judge violate the judge’s order.

Government lawyers said agents have a right to protect themselves while DHS says agents have been harassed and followed by what they call violent protestors.

Bovino was not in court Wednesday as attorneys allege overnight he lied under oath about an incident last month, where he is seen lobbing tear gas at Little Village protestors during a confrontation with agents amid immigration operations.

DHS argued a rock was thrown at Bovino and struck him in the head, but plaintiffs argue they have not found footage showing a rock striking Bovino.

Through a recorded deposition taken last week, Bovino insisted that all uses of force so far have been perpetrated not on peaceful protesters but on what he calls violent rioters.

Bovino said at one point, “I believe that all uses of force that I have seen and all arrests that I have seen have been more than exemplary.”

Bovino’s comments were contradicted by the testimony of nine witnesses called by plaintiffs: elected officials, media representatives and everyday people describing their interactions with federal agents during protests that have broken out, not just outside ICE’s Broadview facility but also in neighborhoods across the city during the aftermath of immigration enforcement activities. Some detailing how they had weapons pointed at them simply for recording what they saw. Others recounting their experiences being tear gassed or shot with pepper bullets. Significant amounts of surveillance and cell phone video backing these testimonies up were also presented in court.

SEE ALSO | Judge issues temporary restraining order against DHS for Broadview ICE facility conditions

The disconnect between both sides could not be more stark, as a Border Patrol supervisor said on the stand he does not consider tear gas dangerous.

A ruling from Judge Ellis is expected Thursday morning. She could also decide to just extend the TRO as she mulls over a final ruling.

Thursday’s ruling is expected at 10 a.m., which is before the TRO is set to expire at 11:30 a.m.

Before court, anti-ICE demonstrators gathered outside of the Dirksen Federal Courthouse ahead of Wednesday morning’s hearing, calling out Bovino and his alleged actions through Operation Midway Blitz.

They held signs, chanted and held a mock-trial for Bovino.