Appeals court blocks judge’s order restricting use of force during federal immigration crackdown in Chicago

By Elizabeth Wolfe, CNN

(CNN) — A US appeals court has temporarily blocked an order curtailing federal immigration enforcement in Chicago, arguing the lower court judge overstepped when she imposed strict and wide-reaching restraints on how agents can interact with protesters and journalists.

A three-judge panel for the 7th Circuit Court of Appeals on Wednesday granted the Trump administration’s emergency request to pause the order issued by US District Court Judge Sara Ellis earlier this month.

In an incremental victory for the Trump administration, the appeals panel concluded Ellis’s order was “too prescriptive,” writing in their decision that she is “impermissibly infringing” on the separation of powers between the executive branch and the courts.

This is yet another twist in what has been a tense legal showdown in Chicago between the administration — which desires wide latitude to use force on protesters who it says are violently hindering its immigration agents — and the judge — who has expressed deep skepticism over the government’s presentation of the facts in court.

For months, plaintiffs’ attorneys have complained to Ellis that federal agents have indiscriminately and without warning used chemical agents and other riot control measures against protesters — including members of the clergy — and reporters.

Ellis’ order, issued November 6, prohibited several methods of force, including pulling or shoving; required federal agents to give warnings before deploying tear gas or other riot control weapons; and stipulated that almost all agents must wear clear identification and body cameras.

The judge also ordered the government to turn over extensive use-of-force records and other internal records.

But the appeals panel criticized the scope of Ellis’ order, saying it is so detailed it “resembled federal regulation.” They wrote that the order is so sweeping, it applies to almost any law enforcement personnel within the executive branch.

“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 panel wrote in its decision.

The order comes one day before Ellis is set to issue her written opinion in the case that has required a high-level Border Patrol agent, Greg Bovino, to appear before her in a downtown Chicago federal courtroom.

However, the pause of Ellis’ order is only temporary as it considers the Trump administration’s larger appeal.

“Do not overread today’s order,” the judges wrote, noting that they have a ream of facts to consider. “Those findings may support entry of a more tailored and appropriate preliminary injunction that directly addresses the First and Fourth Amendment claims raised by these plaintiffs.”

At times, Ellis has chided ICE officials and federal attorneys in open court, saying their statements often “lack credibility.”

The judge expressed particular skepticism over a confrontation between federal agents and protesters in which DHS said use of force was justified because Bovino was hit in the head with a rock thrown by a demonstrator. Video did not support the claim and “defendant Bovino admitted that he lied,” the judge said.

In its written decision, the appeals panel appeared to question whether the plaintiffs suing the Trump administration still have a strong enough claim, as the federal presence in Chicago has tapered off while federal agents flood into Charlotte, North Carolina, and prepare to enter New Orleans.

The Trump administration is battling on multiple legal fronts as it attempts to carry out what it hopes will be a history-making national immigration crackdown. As federal agents have rounded up thousands of migrants across Tennessee, California, Oregon, Illinois and other states, it has been met with a wall of lawsuits from protesters, detainees and state and local governments who object to its escalating tactics.

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