Chicago, IL (AP) – A federal appeals court on Wednesday temporarily halted an order restricting the use of force by federal immigration agents in the Chicago area, calling it “overbroad” and “too prescriptive.”
But the 7th U.S. Circuit Court of Appeals also cautioned against “overreading” its stay and said a quick appeal process could lead to a “more tailored and appropriate” order.
Earlier this month, U.S. District Judge Sara Ellis issued a preliminary injunction in response to a lawsuit filed by news outlets and protesters who claimed federal officers used excessive force during an immigration crackdown that has netted more than 3,000 arrests since September across the nation’s third-largest city and its many suburbs.
Government attorneys had argued that the order restricted the enforcement of the nation’s laws and could “subvert” the constitutional structure.
In issuing a stay Wednesday, the three-judge panel said the government’s arguments were likely to prevail in court.
“The preliminary injunction entered by the district court is overbroad,” the two-page ruling said. “In no uncertain terms, the district court’s order enjoins an expansive range of defendants, including the President of the United States, the entire Department of Homeland Security and Justice, and anyone acting in concert with them.”
It added that the order was “too prescriptive” as it specified the types of riot control weapons and other devices in a way that “resembles a federal regulation.”
Among other things, Ellis’ order restricted agents from using physical force and chemical agents like tear gas and pepper balls, unless necessary or to prevent an “an immediate threat.” She said the current practices violated the constitutional rights of journalists and protesters.
During a lengthy court hearing this month, witnesses gave emotional testimony when describing experiencing tear gas, being shot in the head with pepper balls while praying, and having guns pointed at them.
Ellis determined 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 to North Carolina in recent days.
In a statement, Department of Homeland Security Assistant Secretary Tricia McLaughlin called the stay “a win for the rule of law and for the safety of every law enforcement officer.”
Attorneys for the plaintiffs did not immediately return a message seeking comment Wednesday.
Bovino, the head of a Border Patrol sector in El Centro, California, has repeatedly defended agents’ use of force. He oversaw about 230 agents from U.S. Customs and Border Protection in the Chicago area starting in September. After North Carolina, federal border agents are expected to be deployed to New Orleans.
The immigration operation in the Chicago area has triggered multiple lawsuits, including allegations about inhumane conditions at a federal immigration center. The legal complaint prompted a federal judge and attorneys to visit the longtime U.S. Immigration and Customs Enforcement facility outside Chicago last week.
