CHICAGO (AP) — A federal appeals court on Wednesday temporarily halted an order restricting the use of force by federal immigration agents in the Chicago area, calling it overbroad and too prescriptive.
But the 7th U.S. Circuit Court of Appeals also cautioned against overreading its stay and mentioned a quick appeal process could lead to a more tailored and appropriate order.
Earlier this month, U.S. District Judge Sara Ellis issued a preliminary injunction in response to a lawsuit filed by news outlets and protesters who claimed federal officers used excessive force during an immigration crackdown that has netted more than 3,000 arrests in the Chicago area since September.
Government attorneys argued that the injunction restricted the enforcement of laws and could disrupt the constitutional structure.
In issuing a stay, the three-judge panel indicated that the government's arguments were likely to prevail in court. The preliminary injunction entered by the district court is overbroad, the ruling stated. In no uncertain terms, 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 order was also criticized for being too prescriptive as it detailed the types of riot control weapons and other devices in a manner resembling federal regulation.
Among its restrictions, Ellis' order limited agents from using physical force and chemical agents like tear gas and pepper balls without justification or to prevent an immediate threat. She stated that current practices violated the constitutional rights of journalists and protesters.
Witnesses had testified during a lengthy court hearing about their experiences with tear gas and excessive force during protests against immigration raids.
Ellis also determined that testimonies from Trump administration officials were simply not credible, including one from Gregory Bovino, a Border Patrol commander overseeing the Chicago operations before relocating to North Carolina recently.
The operations in the Chicago area have incited multiple lawsuits and allegations regarding inhumane conditions at a federal immigration center, prompting federal judges and attorneys to visit the facility in recent weeks.
