Federal Court Restricts ICE use of force in Chicago
/US District Judge Sara Ellis on Friday ordered federal Immigration and Customs Enforcement (ICE) agents to limit use force, prohibiting riot-control weapons against journalists or protestors except under specific and narrow conditions. The preliminary injunction is the latest in an ongoing court battle that started with a class action suit alleging First Amendment violations, filed on October 6.
Under the terms of the latest order, ICE may only use force after giving at least two clear auditory warnings of a lawful crowd dispersal order, with time to comply. The order makes exceptions if the rapid use of force is necessary due to “exigent circumstances” (emergencies with a compelling need for immediate action).
The order came after Judge Ellis reviewed hundreds of hours of video footage of ICE activity in Chicago, stating that “the use of force shocks the conscience… The [Trump administration] would have people believe that the Chicagoland area is in a vice hold of violence, ransacked by rioters and attacked by agitators. That simply is untrue.”
She found that US Border Patrol Commander Gregory Bovino “admitted that he lied about whether a rock hit him before he deployed tear gas in Little Village.”
The preliminary injunction refers specifically to less-lethal shotguns, 40 mm Munitions Launchers, tear gas, chokeholds, and carotid restraints, among other weapons and uses of force. Judge Ellis also ordered all Federal agents in “Operation Midway Blitz” to wear visible and unique identification in at least two places on their uniforms. Agents must also wear and activate body cameras while engaged in enforcement activity.
During the hearing, Judge Ellis asked witnesses about how their experiences affected them, especially if the witnesses were reluctant to exercise their First Amendment rights. Leslie Cortez, a youth organizer in the Chicago suburb of Cicero, told Ellis, “I get really nervous because it just feels like I’m not safe. And I question my safety when I go out.” [MORE]
