Trump administration officials were expected in federal court Monday to answer questions about whether federal immigration officials violated a court order by using tear gas against protesters in the Chicago area.
Government officials were set to appear before U.S. District Judge Sara L. Ellis in Chicago amid mounting allegations that agents with U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) used tear gas and other non-lethal munitions during recent immigration raids, despite a court order restricting such tactics.
Ellis, who was appointed by former President Barack Obama, previously barred federal agents from deploying tear gas, pepper spray, or pepper balls against protesters "who are not posing an immediate threat," The New York Times reported.
The temporary order, issued Oct. 9, came after plaintiffs alleged that agents had violated their constitutional rights during protests against the administration's deportation operations.
Videos circulated since the order, however, show agents continuing to use tear gas in Chicago neighborhoods, prompting Ellis to express deep concern that her orders were being ignored.
"I don't live in a cave," she said during a hearing last week. "I'm seriously concerned that my orders aren't being followed."
At Monday's hearing, Ellis was expected to question CBP Deputy Incident Commander Kyle C. Harvick and ICE Deputy Field Office Director Shawn Byers, who oversee "Operation Midway Blitz," a Trump administration initiative launched in September aimed at arresting illegal migrants in the Chicago area.
As WLS-TV reported, the judge has already modified her restraining order to require agents participating in the operation who have body cameras to turn them on during arrests and public encounters.
Legal analysts say Ellis intends to probe "the nitty-gritty" of what ICE and CBP are doing to comply with the court's directives.
On Friday, Ellis reiterated her order after raising concerns about escalating violence during enforcement actions.
CBS News reported that Ellis firmly told federal lawyers, "Maybe I wasn't clear yesterday. That wasn't a suggestion. … It's not up for debate."
She added the body camera mandate to ensure accountability, following reports that agents used tear gas in at least two incidents, an Oct. 12 confrontation in Albany Park and another two days later on the city's South Side.
The Department of Homeland Security pushed back during the weekend, claiming there was "no order requiring body cameras."
Assistant Secretary Tricia McLaughlin called reports to the contrary "false," labeling any such mandate "an extreme act of judicial activism."
Legal experts said Ellis' order underscores growing tension between the judiciary and federal law enforcement.
Chicago-Kent College of Law professor Richard Kling told CBS News that Ellis "was not satisfied that ICE was following her order" and wanted "video documentation of agents' behavior."
Failure to comply, he noted, could lead to contempt of court charges.
Meanwhile, the legal battle over federal enforcement in Illinois continues.
Another federal judge has blocked the Trump administration's attempt to deploy National Guard troops in the Chicago area, and the Supreme Court has been asked to intervene.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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