Appeals Court Halts Limits on Immigration Agents' Response to Chicago Protests

By Diana Novak Jones

 A U.S. court on Wednesday paused a judge’s order that restricted when federal immigration agents can use tear gas and other anti-riot weapons on Chicago area residents, journalists and clergy members protesting the Trump administration’s immigration crackdown in the city.

The 7th U.S. Circuit Court of Appeals granted the government’s emergency request to pause the order, which required federal immigration agents to give warnings before deploying tear gas and other weapons. The order had also barred agents from arresting or dispersing journalists and required them to wear body cameras and clear identification.

The government asked for the pause on Nov. 10, saying the judge’s order impermissibly micromanaged federal law enforcement in Chicago.

U.S. District Judge Sara Ellis in Chicago issued the order on Nov. 6 after siding with a group of protesters, journalists and clergy members who claimed they were being specifically targeted for violence in violation of their rights to free speech, free assembly and religious freedom under the U.S. Constitution.

After hearing testimony from protest attendees and federal immigration agents, Ellis said that the government’s assertions that its agents faced uncontrolled violence were not credible. She cited multiple examples where she said federal agents lied about protesters' conduct.

President Donald Trump, a Republican, has made Chicago a focus of his administration's expanded immigration enforcement and deportation efforts since early September. As part of “Operation Midway Blitz,” federal agents have used tear gas in residential areas and forcibly subdued protesters while attempting to arrest people suspected of being in the country illegally. Trump sent National Guard troops to Chicago in September, but a federal court blocked their deployment on Oct. 16.

That ruling is under review by the U.S. Supreme Court.

Ellis’ order, which was intended to last until the end of the lawsuit, followed a similar temporary restraining order she issued last month.

The U.S. appeals court’s ruling pauses Ellis’ order until the court can more fully review her reasoning.