Judge to rule Thursday on bid for preliminary injunction over federal agents' use of force, tear gas in Chicago
A federal judge said she will rule Thursday morning on a request to place long-term limits on federal immigration agents' use of force in Chicago during Operation Midway Blitz.
A group of protesters and journalists have sued the Trump administration over immigration agents' aggressive tactics in Chicago, and U.S. District Judge Sara Ellis already has issued a temporary restraining order prohibiting agents from using tear gas and other riot control weapons against people who do not oppose an immediate threat. Agents also are required to issue two warnings before deploying tear gas or using other riot control weapons.
The plaintiffs in the lawsuit are now seeking a preliminary injunction to place more long-term restrictions on agents' use of force, as the temporary restraining order is set to expire at 11:30 a.m. on Thursday. Ellis said she plans to issue an oral ruling at 10 a.m. Thursday, and will later issue a full written ruling.
Ellis on Wednesday heard hours of testimony in the case, and for the first time, body camera and surveillance video showing contentious moments between federal immigration agents and protesters in the Chicago area was shown in federal court.
Over the past week, lawyers in the case were able to interview Border Patrol Commander-at-Large Gregory Bovino, the man in charge of Operation Midway Blitz in a lengthy deposition in the case. Portions of his testimony were played in court on Wednesday during a hearing on the plaintiffs' request for a long-term injunction restricting agents' aggressive tactics.
Protesters gathered outside the Dirksen Federal Courthouse on Wednesday morning as the hearing got underway. While U.S. Customs and Border Patrol Commander Gregory Bovino had to answer to Judge Sara Ellis in person last week, he was not in court on Wednesday. Instead, attorneys played portions of Bovino's recorded deposition as testimony in the case, as well as body camera footage he reviewed during his deposition.
One of the body camera videos played in court showed Bovino telling agents "arrest as many people that touch you as you want to you. Everybody gets it if they touch you. … This is our f***ing city."
Bovino was asked by attorneys what he meant by that.
"When someone impedes obstructs or assaults than those border patrol agents have a right to arrest them," he said.
The commander sat twice for a deposition interview, where he was asked about his and his agents' use of force during Operation Midway Blitz.
His answers will help inform Ellis' decision on whether or not she would make permanent or otherwise extend her temporary restraining order setting rules around when it's appropriate for agents to use force amid ongoing immigration operations in Chicago.
Several witnesses testified on Wednesday about their experience with federal agents, including clergy members who testified they and others were struck by pepper balls.
Surveillance video from a Sept. 19 incident outside the U.S. Immigration and Customs Enforcement facility in Broadview showed Rev. David Black looking up at officers on the roof of the building.
"I was warning ice officers of the consequences of their actions in the words of Jesus and the words he taught us to use," Black testified.
Video showed him with his arms extended at one point, which he called "a posture of prayer," before agents shot him several times with pepper balls.
Border Patrol supervisor Christopher Martin testified about his actions as a federal agent as attorneys played video of an incident in September. Martin's testimony got contentious at times, as an attorney for the plaintiffs asked Martin if he's been driving around communities and if "we're going to be honest," "you're looking for people with brown skin."
Martin answered, "No, I have arrested people of all skin colors."
Later, Martin was asked if he's seen any problematic uses of force by federal agents during the immigration crackdown in Chicago, and he said, "I have not."
Bovino also has maintained that his officers' use of force has been "exemplary," and government lawyers have argued agents will protect people's right to free speech.