Federal Judge Questions DHS on Continued Use of Tear Gas in Chicago
U.S. District Judge Sara Ellis seeks explanations from federal immigration authorities regarding the ongoing use of tear gas against protesters and journalists in Chicago, despite a prior court order prohibiting such actions.
U.S. District Judge Sara Ellis is set to question federal immigration authorities about their continued use of tear gas and forceful tactics against protesters and journalists in Chicago, actions that may violate a previous court order.
Judge Ellis had earlier ruled that immigration agents are prohibited from using tear gas on non-threatening journalists and protesters and mandated that federal agents wear and use body cameras.
The hearing coincides with Operation Midway Blitz, a Department of Homeland Security (DHS) initiative that has resulted in over 1,500 arrests across Illinois.
Recent incidents include federal agents using tear gas to disperse crowds in Chicago's Southeast Side following a collision involving a Border Patrol vehicle.
Community leaders have expressed concern over these actions. Beatriz Ponce De Leon, Chicago's Deputy Mayor of Immigration and Refugee Rights, stated, "This type of escalation is going to cause harm—it’s not the people of Chicago. It is the federal agents."
The lawsuit prompting Judge Ellis's order was filed by journalists and protesters alleging that federal agents' actions unlawfully restricted First Amendment rights to peacefully assemble and gather news.
DHS has requested modifications to the judge's order on body-worn cameras. Judge Ellis has summoned Russell Hott, interim head of the Chicago regional ICE field office, to appear in court. However, Hott returned to Washington, and DHS has proposed that CBP Deputy Incident Commander Kyle C. Harvick attend instead.
Judge Ellis emphasized the challenges of conducting federal operations in urban settings, stating, "We’re not on the border. We are in an urban, densely populated area where crowds are going to converge when there’s a commotion, where appropriate crowd control is important."
The Department of Justice has attributed the recent tear gas incidents primarily to Border Patrol officers rather than ICE agents.
Judge Ellis has indicated that if the designated witness cannot provide satisfactory answers, another individual will be required to testify.
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