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DOJ Seeks to Freeze Chicago Use-of-Force Limits as Reports Point to Border Patrol Shift

The administration’s appeal challenges Judge Sara Ellis’ injunction curbing tactics by federal immigration agents in Operation Midway Blitz.

Overview

  • The Justice Department asked the 7th Circuit for an immediate stay of Judge Sara Ellis’ preliminary injunction, calling the order overbroad, unworkable and a violation of separation of powers.
  • Ellis’ ruling restricts crowd-control weapons absent warnings, limits neck restraints, requires conspicuous identification and mandates body-worn cameras for most agents.
  • The judge questioned the government’s credibility, citing video evidence and Gregory Bovino’s admission that he falsely claimed a rock struck him before he deployed tear gas in Little Village.
  • Multiple outlets report Bovino and many Border Patrol agents plan to depart Chicago as early as this week, while DHS says it is not withdrawing and will maintain operations.
  • In a separate Supreme Court filing, Solicitor General D. John Sauer argued National Guard deployment to Illinois is lawful under Section 12406 by reading “regular forces” to mean DHS personnel rather than the standing military.