Allegations of excessive use-of-force by immigration agents take center stage at federal court hearing in Chicago

CHICAGO (WGN) — Allegations over excessive use-of-force by federal immigration agents in the Chicago area during “Operation Midway Blitz” are taking center stage at a hearing that’s underway Wednesday at Dirksen Federal Courthouse.

The hearing, which is expected to take up most if not all of the day, is part of a lawsuit filed last month by news outlets and protesters and comes one day before a temporary restraining order is set to expire.

Several witnesses have taken the stand already Wednesday, including a pastor and an alderwoman. Attorneys for the plaintiffs say they have produced around 80 independent sworn declarations from people and tell U.S. District Judge Sara Ellis they’ll hear from many of them and people representing them.

The first witness of the morning, Father Brendan Curran of the Dominican Friars Central Province, said that before September, when “Operation Midway Blitz” began, he would go to the front entrance of the ICE facility in west suburban Broadview near the accessible ramp to pray over the Rosary.

“In September, what was really heartbreaking to me was to see an utterly demilitarized zone,” Curran said.

Ellis will hear testimony and evidence throughout Wednesday’s hearing. She’ll then need to decide whether or not to put more long-term restrictions in place when it comes to crowd control tactics by federal agents.

Demonstrators gathered outside Dirksen Federal Courthouse on Wednesday morning to speak out against the enforcement tactics of federal immigration agents.

Frenzy of cases

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.

Border chief defends agents

Some that body-camera footage is expected to be shown throughout Wednesday’s marathon 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.

Bovino defended federal agents’ actions in a recent interview.

“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.

After Wednesday’s hearing began with opening arguments from both sides, an attorney for the plaintiffs multiple times brought up a quote he says Bovino gave during his deposition.

“If someone strays into a pepper ball, that’s on them. Don’t protest. You don’t want to get tear-gassed? Don’t protest,” Craig Futterman, attorney for the plaintiffs, quoted Bovino as saying.

However, a lawyer for the Department of Justice argued the case isn’t about free speech. He brought up allegations of protestors slashing tires, threatening federal agents and their families, and throwing objects.

“This is the language of extremists and terrorists, Your Honor,” Sarmad Khojasteh, DOJ lawyer, said.