CHICAGO—A federal judge announced Thursday that she will issue a sweeping preliminary injunction that severely restricts federal agents in the Chicago area from using force against peaceful protesters and journalists, ruling that the government’s current practices violate fundamental constitutional rights.
U.S. District Judge Sara Ellis’s forthcoming order stems from a lawsuit alleging excessive force by federal agents, primarily U.S. Border Patrol, during an ongoing immigration crackdown in the area. The ruling refines and strengthens an earlier temporary order that federal officials had been repeatedly chastised for failing to follow.
The injunction mandates several new requirements and strict limits on federal agents’ actions during demonstrations: Agents must now provide two explicit warnings before deploying riot control weapons, such as tear gas. Force can only be used if it is “objectively necessary to stop an immediate threat.” Federal agents will now be required to wear body cameras. The order is specifically designed to protect the First Amendment rights of free speech and assembly for protesters, as well as the freedom of the press for journalists.
Judge Ellis emphasized the severity of the alleged constitutional violations, describing incidents where protesters and advocates faced tear gas, had guns pointed at them, and were thrown to the ground. “That would cause a reasonable person to think twice about exercising their fundamental rights,” Ellis noted.
In her ruling, Judge Ellis also directly contradicted the federal government’s assertion that the Chicago area was a violent hub of rioters, calling the claim “simply untrue.” The judge’s decision follows an intensive hearing with emotional testimony from witnesses, including clergy and reporters, who described being targeted with pepper balls and tear gas, even while engaging in protected activities like prayer. Crucially, Judge Ellis stated that she did “not find defendants’ version of events credible” regarding several incidents. This lack of credibility included allegations that a senior Border Patrol official, Chief Greg Bovino, had lied about being struck by a rock before deploying tear gas.
The preliminary injunction is a significant victory for the coalition of news outlets and protesters who filed the lawsuit. The ruling, however, is expected to be immediately appealed by President Donald Trump’s administration.