{"id":361123,"date":"2025-11-07T01:55:11","date_gmt":"2025-11-07T01:55:11","guid":{"rendered":"https:\/\/www.europesays.com\/us\/361123\/"},"modified":"2025-11-07T01:55:11","modified_gmt":"2025-11-07T01:55:11","slug":"federal-agents-use-of-force-shocks-the-conscience-judge-says-nbc-chicago","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/361123\/","title":{"rendered":"Federal agent\u2019s use of force \u2018shocks the conscience,\u2019 judge says \u2013 NBC Chicago"},"content":{"rendered":"<p>Federal Judge Sara Ellis said the use of force by federal agents over the past several weeks in Chicago &#8221;shocks the conscience&#8221; and has infringed on the constitutional rights of protesters, clergy, journalists and members of the community who have tried to document immigration operations.<\/p>\n<p>Ellis issued a preliminary injunction Thursday that placed additional restrictions on federal immigration agents&#8217; use of crowd control devices &#8211; including tear gas and pepper spray &#8211; noting that they can&#8217;t be used on protesters, clergy or journalists unless there is an imminent threat.<\/p>\n<p>Her ruling came after a <a href=\"https:\/\/www.nbcchicago.com\/news\/local\/border-patrol-chief-all-agents-uses-of-force-in-chicago-more-than-exemplary\/3848113\/\" target=\"_blank\" rel=\"noopener\">marathon hearing Wednesday<\/a> in which members of the Chicago area &#8211; <a href=\"https:\/\/www.nbcchicago.com\/investigations\/preliminary-injunction-hearing-over-agents-use-of-crowd-control-chemicals-underway-in-federal-court\/3847907\/\" target=\"_blank\" rel=\"noopener\">including protesters, clergy and journalists currently suing the Trump administration<\/a> &#8211; testified that the agents&#8217; use of force in neighborhoods and city streets gave them pause\u00a0or left them fearful about continuing to protest or document that actions of agents conducting immigration arrests.<\/p>\n<p>Judge Ellis found that the &#8216;chilling effect&#8217; imposed by agents&#8217; actions violated their constitutional rights of the group &#8212; who argue the use of tear gas and pepper balls has been excessive and unwarranted.<\/p>\n<p>Attorneys representing the federal government have argued that immigration agents have had their tires slashed, been threatened or have been impeded from carrying out their duties by protesters in Chicago.<\/p>\n<p>But the plaintiffs&#8217; attorneys have countered that their clients have subjected to &#8216;brutal violence&#8217; simply because the agents don&#8217;t like what they have to say or don&#8217;t like that citizens in Chicago oppose the Trump administration&#8217;s immigration policies.<\/p>\n<p>At the start of the hearing Thursday, Ellis said the federal government&#8217;s argument lacked credibility and she pointed out there is a disconnect between how Chicagoans view their city versus the Trump administration.<\/p>\n<p>And she began her hearing by reading the poem &#8220;Chicago&#8221; by author Carl Sandburg, which includes the lines:<\/p>\n<p>&#8230; I turn once more to those who sneer at this my city, and I give them back the sneer and say to them:<\/p>\n<p>Come and show me another city with lifted head singing so proud to be alive&#8230;<\/p>\n<p>The preliminary injunction, which somewhat mirrors the requirements of Ellis&#8217; <a href=\"https:\/\/www.nbcchicago.com\/investigations\/suit-alleges-agents-are-defying-restriction-on-using-tear-gas-in-chicago-operation\/3842799\/\" target=\"_blank\" rel=\"noopener\">previous temporary restraining order<\/a>, now bars agents from using chemicals or crowd control weapons unless there&#8217;s an imminent threat.<\/p>\n<p>It also provides further protections and requirements for journalists covering protests or immigration operations and requires that agents wear body-worn cameras.<\/p>\n<p>In saying that defendants&#8217; evidence lacks credibility, Ellis\u00a0 pointed out there&#8217;s also been a disconnect between agents&#8217; use of force reports and what the videos of those encounters show.<\/p>\n<p>She referenced an incident on October 12 in Albany Park, where agents claimed a bike was thrown at them. The video, played in court, shows it was agents who tossed the bike and used tear gas on a group who had locked arms near their vehicles.<\/p>\n<p>A deputy Border Patrol official testified last month that the use of tear gas was justified because those who gathered were engaged in &#8221;active resistance&#8221; through locking arms.<\/p>\n<p>She also noted an October 23\u00a0incident in Little Village in which video shows <a href=\"https:\/\/www.nbcchicago.com\/news\/local\/border-patrol-chief-bovino-ordered-to-court-after-allegedly-tossing-tear-gas-in-little-village\/3843339\/\" target=\"_blank\" rel=\"noopener\">Border Patrol Chief Gregory Bovino throwing a can of tear gas<\/a>. He later told network television reporters that it was justified because he was hit by a rock.<\/p>\n<p>Attorneys for the group of protesters, clergy and journalists suing over what they say is excessive force challenged that &#8211; saying Bovino later admitted it didn&#8217;t happen that way, according to plaintiffs&#8217; attorney Steve Art.<\/p>\n<p>Ellis pointed out the disconnection too &#8211; and also pointed to this exchange &#8211; where Bovino would not acknowledge that protesters had been hit by pepper balls outside the ICE processing center in Broadview, despite video evidence showing otherwise.<\/p>\n<p>During the deposition, an attorney for the plaintiffs&#8217; asked Bovino: &#8221;You&#8217;ve seen pepper balls being discharged at protesters&#8230;<\/p>\n<p>To which Bovino said: &#8221;I don&#8217;t remember specific pepper balls being launched at demonstrators or protesters or whatever the word is.<\/p>\n<p>The attorney then followed by saying: &#8221;if I\u00a0was to substitute the word violent mobs and assaulted individuals, would you acknowledge then that you&#8217;ve seen pepper balls discharged at folks at the Broadview ICE facility?&#8221;<\/p>\n<p>Bovino then said: &#8221;I have seen less lethal devices discharged at violence, rioters and or assaulted individuals.&#8221;<\/p>\n<p>Bovino was seen out again on Thursday with agents in Little Village. He has said that all uses of force in Chicago over the past two months have been &#8221;more than exemplary.&#8221;<\/p>\n<p>In response to a question from NBC 5 Investigates, a Department of Homeland Security spokesperson issued a lengthy statement, saying\u00a0in part that &#8221;this injunction is an extreme act by an activist judge that risks the lives and livelihoods of law enforcement officers&#8230;&#8217;<\/p>\n<p>The DHS statement went on to say that so called &#8221;rioters&#8221; and &#8221;terrorists&#8221; have also attacked agents, rammed their vehicles and destroyed government property. The DHS statement also said they plan to appeal Ellis&#8217; ruling.<\/p>\n<p>A status hearing in the case is set for next Thursday.<\/p>\n","protected":false},"excerpt":{"rendered":"Federal Judge Sara Ellis said the use of force by federal agents over the past several weeks in&hellip;\n","protected":false},"author":3,"featured_media":361124,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5124],"tags":[960,5386,1818,40983],"class_list":{"0":"post-361123","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-chicago","8":"tag-chicago","9":"tag-il","10":"tag-illinois","11":"tag-nbc-5-investigates"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115505930480793973","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/361123","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=361123"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/361123\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/361124"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=361123"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=361123"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=361123"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}