A federal judge in Chicago pressed immigration officials on their response to protests during a sweeping enforcement operation, questioning the use of tear gas and body cameras in a hearing that highlighted ongoing tensions over civil liberties and government accountability.
On Monday, U.S. District Judge Sara Ellis held a hearing to scrutinize the federal government’s handling of protests in Chicago amid Operation Midway Blitz, an immigration crackdown that has led to over 1,000 arrests in Illinois. She expressed serious concerns about whether agents were following her previous orders to avoid violent confrontations with demonstrators and journalists, emphasizing the need for transparency and adherence to court mandates.
During the hearing, Judge Ellis reinforced her temporary restraining order by mandating that federal agents wear body cameras during encounters with protesters, a measure she added after reports suggested agents were deploying tear gas and pepper balls without warning. Testimony revealed that while Customs and Border Protection (CBP) agents have body cameras, Immigration and Customs Enforcement (ICE) agents do not, with officials citing funding constraints and the need for congressional approval to expand their use.
Federal officials defended their actions, with CBP Deputy Incident Commander Kyle Harvick stating that warnings were given before tear gas was used in incidents like the October 12 Albany Park arrest and October 14 East Side pursuit. He claimed that agents faced escalating situations where protesters linked arms or threw objects, necessitating the use of force to ensure safety, though witnesses and victims have disputed these accounts.
ICE Deputy Field Office Director Shawn Byers testified that ICE agents receive training on crowd control and handling reporters, but acknowledged that no specific training was provided for the Chicago deployment. He also noted that surveillance footage from the Broadview detention facility prior to September 18 might have been erased due to server issues, raising concerns about evidence preservation, which Judge Ellis addressed by ordering all video evidence to be saved.
The hearing underscored the fragmented oversight of Operation Midway Blitz, with Byers describing ICE and CBP operating “independently but parallel” without a single commander. Judge Ellis ordered depositions of key officials, including CBP’s Gregory Bovino and ICE’s Russell Hott, to clarify responsibilities and ensure compliance with court orders ahead of a preliminary injunction hearing scheduled for next month.
Specific incidents were discussed, such as the case of Rev. David Black, who was hit by pepper balls at the Broadview facility. Byers asserted that multiple warnings were given, contradicting Black’s account of no prior notice, highlighting the contentious nature of enforcement actions and the need for transparent accountability. Community meetings and civil rights advocates have raised alarms about the militarized response and its impact on protest rights.
Looking ahead, the proceedings reflect broader national debates over immigration enforcement and protest rights, with implications for how federal agencies operate in urban settings. Judge Ellis’s persistent questioning signals ongoing judicial scrutiny, potentially shaping future policies on use of force and agent accountability in similar operations across the country.