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Justice Department Seeks Emergency Stay of Chicago Use‑of‑Force Injunction

The department petitions the 7th Circuit for immediate relief over what it calls judicial intrusion into federal enforcement.

Overview

  • Government lawyers asked the 7th U.S. Circuit Court of Appeals to pause Judge Sara Ellis’s preliminary injunction, calling it overbroad, unworkable, and a separation‑of‑powers violation.
  • The emergency motion seeks both an administrative stay and a stay pending appeal, and the appeals court has not set a response schedule.
  • Ellis’s order bars use of riot‑control weapons against people posing no immediate threat without two warnings, restricts chokeholds and neck restraints, requires body cameras and visible identification, and protects journalists’ newsgathering.
  • In issuing the injunction, Ellis found government evidence not credible and said Border Patrol Cmdr. Gregory Bovino lied in deposition, citing video of indiscriminate tear‑gassing and force that she said “shocks the conscience.”
  • The injunction remains in effect unless the 7th Circuit grants a stay, after the same court previously blocked Ellis’s proposed regular check‑ins with Bovino as an overreach.