Attorneys move to drop lawsuit seeking to limit immigration agents' use of force after Bovino and hundreds of Border Patrol agents leave Chicago
Attorneys for a group of protesters, clergy, and journalists have moved to drop a lawsuit seeking to restrict federal immigration agents' use of force in Chicago, even as an appeals court weighs an injunction a judge issued last month.
In moving to dismiss their lawsuit on Tuesday, the group said it appears the Trump administration's immigration enforcement blitz in Chicago, dubbed Operation Midway Blitz, "has ended" for now.
Noting that Border Patrol Commander Gregory Bovino and hundreds of agents under his command left Chicago last month, the attorneys also said they have "not received a single report of unconstitutional behavior that necessitated this case since November 8," two days after U.S. District Judge Sara Ellis issued a preliminary injunction limiting the use of tear gas and other riot control weapons against people who do not pose an immediate threat.
The plaintiffs' attorneys said they are willing to dismiss the case with prejudice – meaning they could not refile it later – given the reduction in immigraiton enforcement in Chicago in recent weeks.
"With the Defendants no longer participating in Operation Midway Blitz, or other similar conduct under any moniker or other mission title in this District, this case is no longer needed to protect Class Members' interests," attorneys wrote.
The filing also states that the Trump administraiton has agreed to pause its appeal of Ellis' injunction, and will move to dismiss their appeal, if Ellis dismisses the lawsuit with prejudice.
In issuing her injunction limiting federal immigration agents' use of force in the Chicago area, Ellis had ruled their repeated aggressive use of force against peaceful protesters "shocks the conscience." She also found the Trump administration's testimony about agents' use of force "to be simply not credible," saying that 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.
The appeals court granted that stay last month, ruling the Trump administration is likely to succeed in its appeal, calling Ellis' ruling "overbroad."
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."
Should Ellis agree to dismiss the lawsuit, it's unclear if the 7th Circuit would also immediately drop the case.