BROADVIEW, Ill. (WLS) — All has been quiet outside the Broadview Immigration and Customs Enforcement facility on Sunday night, but things are expected to heat up in the courts as we look forward to what could be a pivotal week ahead.
On Monday, ICE and Customs and Border Protection officials are expected to testify in front of a federal judge. Monday’s testimony is expected to address incidents involving federal agents’ use of force and several incidents involving agents allegedly violating U.S. District Judge Sara Ellis’ temporary restraining order instructing them not to use tear gas against peaceful protesters without warning.
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ABC7 Chief Legal Analyst Gil Soffer laid out what we can expect.
“It could be quite interesting because the judge is going to get into some nitty gritty about what exactly ICE is doing to comply with the order. They’re almost certain to talk about the use of bodycams, which she’s ordering, to satisfy herself that ICE is complying with the order,” Soffer said.
It is unclear who will be testifying after it was announced in a court filing that the previous interim head of Chicago’s ICE field office, Russell Hott, will be returning to Washington.
On Friday, the Department of Justice requested that CBP Deputy Incident Commander Kyle Harvick provide testimony instead.
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“I think the judge herself had said, it’s not less important who exactly she talks to and more important that she gets the answers that she wants. It’s going to have to be someone senior enough, otherwise she won’t be satisfied. It’s got to be someone who could be held accountable and is accountable for ICE,” Soffer said.
Monday is also the deadline for the city and state to respond to the Trump administration’s appeal to the Supreme Court asking justices to allow federal troops to take to Chicago-area streets. It comes after a federal judge issued a temporary restraining order, barring such action through at least Oct. 24.
“What we’re going to see tomorrow is a response from the city and from the state. And they’ve won two rounds already. The lower district court granted, essentially, their request to prohibit the National Guard from deploying. The appellate court refused to stay enforcement of that order. Meaning it’s still effective, meaning the National Guard still cannot be deployed,” Soffer said.
It is unclear if the Supreme Court plans to hear the emergency motion, but experts say if the high court does take on the case and rule in the Trump administration’s favor, we could see National Guard troops on the ground within a month.
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