Federal court hearing to focus on allegations of excessive use-of-force by immigration agents during Chicago-area operations

CHICAGO (WGN) — Allegations over excessive use-of-force by federal immigration agents in the Chicago area during “Operation Midway Blitz” will be a key focus during a hearing Wednesday morning at Dirksen Federal Courthouse.

The hearing is related to a lawsuit filed by news outlets and protesters last month and comes one day before a temporary restraining order is set to expire.

U.S. District Judge Sara Ellis will need to decide whether or not to put more long-term restrictions in place when it comes to crowd control tactics by federal agents.

Since the start of “Operation Midway Blitz,” a frenzy of cases have been filed in federal court over immigration agents’ use of tear gas and other chemical agents on protesters and media.
That includes the Chicago Headline Club’s lawsuit against the Department of Homeland Security and DHS Secretary Kristi Noem.

The lawsuit seeks to end such tactics by federal agents, and a new motion in the suit filed late Monday alleges that Border Patrol agents tossed tear gas on crowds “for fun.” It also claims top immigration officials are not being straightforward about why they’re using force.

Ellis previously ordered federal agents to wear badges and said that if a crowd poses a threat, two warnings must be issued before tear gas or other chemical agents are deployed. But after Ellis determined those orders weren’t being followed, she added a body-worn camera requirement.

Court filings show body-camera footage is expected to be played at Wednesday’s hearing, along with portions of testimony from top officials, including Border Patrol Sector Chief Gregory Bovino. He will not be a live witness, but portions of a taped deposition will be shown.

The motion focuses on a handful of incidents, but Bovino in an interview argues his agents have acted within the law.

“We’re going to use, just as we always have, that least amount of force necessary to affect the arrest or the mission,” Bovino said.

The Border Patrol chief says agents have repeatedly faced violent crowds and have deployed tear gas and used physical force for their safety while carrying out immigration-related arrests.

“Agents surrounded by violence, having rocks thrown at them, take a rock to the eye or the head — I don’t want that to happen to anyone,” Bovino said.

But attorneys in a recent motion argue that Border Patrol agents are providing accounts that are blatantly contradicted by objective evidence. Lawyers may also call a pastor who was hit by a pepper ball during a protest outside the west suburban Broadview ICE facility to testify.

Wednesday’s preliminary injunction hearing is expected to last most of, if not the entire, day. A protest is also expected to begin around 8 a.m. outside court. A handful of groups say they’ll be involved and will hold their own hearing with testimony from community leaders.