An appeals court in Chicago has paused a judge’s injunction restricting federal immigration agents’ use of force during Operation Midway Blitz, ruling the judge’s order “overbroad.”
Earlier this month, U.S. District Judge Sara Ellis issued a preliminary injunction prohibiting agents from using riot control weapons against protesters or others if they do not pose an immediate threat, and unless they first issue two warnings. The order also limits agents’ use of chokeholds and other restraint techniques that apply “pressure to the neck that may restrict blood flow or air passage.”
Ellis ruled that agents’ repeated aggressive use of force against peaceful protesters “shocks the conscience” and “shows no sign of stopping.” She also found the Trump administration’s testimony about agents’ use of force “to be simply not credible,” saying Border Patrol Commander at Large Gregory Bovino had lied in testimony about the threats protesters posed before he personally used force in certain instances.
The Trump administration appealed that ruling and asked the 7th U.S. Circuit Court of Appeals to grant an emergency stay halting the injunction until the appeals court rules on the merits of the case.
On Wednesday, the appeals court granted that stay, ruling the Trump administration is likely to succeed in its appeal.
“The preliminary injunction entered by the district court is overbroad,” the court’s ruling states. “In no uncertain terms, the district court’s order enjoins an expansive range of defendants, including the President of the United States, the entire Departments of Homeland Security and Justice, and anyone acting in concert with them. The practical effect is to enjoin all law enforcement officers within the Executive Branch. Further, the order requires the enjoined parties to submit for judicial review all current and future internal guidance, policies, and directives regarding efforts to implement the order—a mandate impermissibly infringing on principles of separation of powers on this record.”
However, the appeals court also cautioned observers “do not overread today’s order,” saying despite its concerns about the breadth of Ellis’ order, it is possible it will support “a more tailored and appropriate preliminary injunction that directly addresses the First and Fourth Amendment claims raised by these plaintiffs.”
The injunction Ellis ordered stems from a lawsuit filed by a group of protesters and journalists over immigration agents’ aggressive tactics in Chicago. Ellis had already issued a temporary restraining order restricting agents’ use of force, but that order was set to expire earlier this month, and the preliminary injunction would have kept those restrictions in place until she holds a hearing in March on whether the restrictions should be made permanent.
It’s unclear how soon the 7th Circuit could rule on the Trump administration’s appeal, but the court said it plans to set an expedited schedule for written briefings and oral arguments.
Bovino and many of the Border Patrol agents under his command have since left Chicago to begin an immigration enforcement operation in Charlotte, North Carolina. However, some Border Patrol agents remain in Chicago, as do the region’s ICE agents, and Operation Midway Blitz is continuing. More Border Patrol agents could return to Chicago in March.
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