A federal judge plans to issue an injunction that will restrict how federal immigration agents can use force while conducting operations, according to reports. U.S. District Court Judge Sara Ellis said that a high-ranking Border Patrol official lied multiple times about the level of danger that protesters and journalists allegedly posed during Operation Midway Blitz in Chicago, The Associated Press reported.
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The judge issued the injunction after journalists and protesters sued the government, claiming that federal law enforcement officers were using intense force during the immigration operation. Ellis previously issued a temporary restraining order barring federal agents from using tear gas or riot control weapons unless they are in immediate danger. The judge also ruled that before agents can use these kinds of weapons, they must give two clear warnings telling protesters to disperse or move before any force is used.
“I see little reason for the use of force that the federal agents are currently using,” Ellis said, as reported by the AP. “I don’t find defendants’ version of events credible.”
The judge sided entirely with the protesters and journalists. The federal government asked the judge to delay her order while they appeal it to a higher court. The judge denied the government’s request, saying it has not shown that it’s likely to win the appeal, so the injunction goes into effect immediately.
Previous legal battles and testimony
The Trump administration’s immigration enforcement operations in Chicago have sparked numerous court battles. Judges ordered the government to improve conditions at what activists say is an unofficial immigrant detention center and ordered a halt to a planned National Guard deployment.
Gregory Bovino, a senior Border Patrol commander, testified under oath in court last week. He was questioned about how he and the agents under his command used physical force, both in carrying out immigration enforcement and in dealing with protesters or ordinary people. Bovino gave two depositions.
During Wednesday’s hearing, lawyers argued about several tense encounters during the immigration enforcement operation, many involving Bovino. One key incident involved him allegedly throwing gas at a crowd after saying he was struck by a rock.
Ellis said Bovino admitted to lying about claiming someone hit him with a rock, because video footage contradicted his statement. Ellis also noted that there was video evidence showing Bovino tackling a man and that the commander denied using force in that situation.
The federal government confirmed in court that Bovino now has a body camera and has been trained to use it, as previously ordered by Ellis.
Government response and next steps
The Department of Homeland Security responded to Ellis’ injunction, issuing a statement, that said in part, “This injunction is an extreme act by an activist judge that risks the lives and livelihoods of law enforcement officers,” as reported by CBS News.
The federal government is expected to appeal the decision.
