Fence surrounding Broadview ICE facility brought down just hours before deadline

BROADVIEW, Ill. (WGN) — The Department of Homeland Security (DHS) has complied with a federal judge’s order to remove a fence that had been put up around a suburban ICE processing center.

Federal officials had until the end of the day on Tuesday to take down a fence surrounding the Broadview processing facility and DHS beat the deadline by just a couple of hours, eventually bringing it down by about 10:30 p.m.

The protestors, however, may still be held back from getting close to the building itself, as they are supposed to stay inside the concrete barriers and off the street.

The fence had been erected around the west suburban facility on Sept. 23 by the Department of Homeland Security (DHS), which said it was needed to protect federal agents and detainees coming in and out of the facility, but it restricted access to Beach St, something the Village of Broadview took the agency to federal court over last week.

A judge later agreed that the fence must come down because it created a public safety concern for first responders who tried to access the area. Furthermore, the judge issued a temporary restraining order as part of a federal lawsuit that was filed on Oct. 3.

The attorney representing the village called the decision unprecedented.

“For a non-home rule, municipal government, such as the Village of Broadview, to even sue the federal government over a violation of municipal law is fairly unprecedented. For such a municipal government to win, stretches the unprecedented nature even further. Such lawsuits typically are filed by the Illinois Attorney General, representing the sovereign state of Illinois. Broadview is the real-life case of the cinematic version of the Mouse that Roared – that, improbably, won,” Village of Broadview Attorney Michael Del Galdo said on Wednesday.

The fence was deemed to have been illegally installed without a permit on a public street and a court-issued deadline for the fence’s removal was set for 11:59 p.m. Tuesday.

“So that fence will come down, but unfortunately, the abuses of ICE and of CBP continue and we’re going to do everything we can to protect our residents, but also get the courts to step in,” Illinois Gov. JB Pritzker said.

According to legal experts, if the order had not been followed, it would have raised serious concerns about the separation of powers.

“At some point, you know, the rubber meets the road, and you have to make a decision if you’re going to abide by a court order. If you don’t, then we have a complete breakdown, and the rule of law means nothing,” Roddy said.

Despite the teardown, the judge’s order is only temporary, running through next week. DHS has also appealed the judge’s ruling.

On Tuesday afternoon, WGN-TV met Heidi Rodriguez, a regular protester outside the ICE facility. As the hours ticked by, Rodriguez and others stood watch, waiting to see if the fence around the building would come down.

Broadview police arrested one woman for violating the 6 p.m. curfew while demonstrating near the facility.

“I’m 80, but I’ll be here until 90 if need be, because these are my people, this is my country. It’s sad. It hurts. It’s terrible,” Rodriguez said. “The fence should go. We’re all protesting peacefully.”

The court-ordered teardown came just a day after Broadview Mayor Katrina Thompson issued an executive order placing new restrictions that shrink the size and scope of where the demonstrators are allowed to protest.

The mayor said that over the weekend, protests spilled out onto 22nd Avenue, about a block from the ICE facility. That created a dangerous situation, according to the mayor. Going forward, protestors will only be allowed on Beach Street, which is closer to the ICE facility.

The new restrictions were put in place just a week after Thompson signed an executive order that limited protests to a designated area only between the hours of 9 a.m. and 6 p.m. daily.

The decision to further contain protests was not well-received by demonstrators.

“We care about what’s going on behind those walls,” one protestor said in part.

Elected leaders at all levels of government were at the facility Monday, praising the federal judge’s decision to grant, at least temporarily, the village’s request to bring the fence down.

“Without permission or collaboration with this community, this fence you see behind us has been standing here blocking the community’s access to its own streets and standing as a symbol of division,” Illinois House Speaker Emanuel “Chris” Welch said Monday. “It’s a symbol of Donald Trump’s contempt for this community and so many like it.

U.S. Rep. Raja Krishnamoorthi of Illinois’ 8th District also came to the Broadview ICE facility on Monday and attempted to gain access himself to check on a 15-year-old girl from his district, who he believes is detained there.

But Krishnamoorthi was denied, just like Illinois Sens. Tammy Duckworth and Dick Durbin last week, and told that because it’s a holding facility and not a detention facility, his rights as a member of Congress to gain access did not apply.

Krishnamoorthi disagreed with that determination.

“We have the right, without giving any notice, to inspect any ICE detention facility,” he said. “This particular Broadview facility, in my opinion, would qualify as a detention facility, whatever name they call it.

The Department of Homeland Security has appealed the judge’s ruling as the clock ticks on the teardown of the fence.