A federal appeals court has temporarily halted a lower court’s ruling that sought to restrict immigration agents’ use of force during operations in the Chicago area. The Third Circuit panel ruled that the order was overly prescriptive and overreached, calling it ‘too prescriptive’ and ‘overbroad.’ The court cautioned against ‘overreading’ its stay, noting a fast-track appeal could result in a more tailored and appropriate order.
The lower court had issued the order after media organizations and demonstrators accused federal officers of using excessive force during an immigration operation that has led to over 3,000 arrests since September across Chicago and nearby communities. Justice Department lawyers argued that the order restricted law enforcement duties and could ‘subvert’ the constitutional structure.
Witnesses told the court they were tear-gassed, shot with pepper balls while praying and had guns pointed at them. These allegations were cited by the lower court as grounds to limit the use of physical force and chemical agents such as tear gas and pepper balls, unless necessary or to prevent an immediate threat.
The federal judge overseeing the case, Sara 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. DHS spokeswoman Tricia McLaughlin called the stay ‘a win for the rule of law and for the safety of every law enforcement officer.’