The incident happened on October 3rd. Video shows as Fuentes was put in handcuffs at Humboldt Health Chicago.
PREVIOUS COVERAGE | Chicago alderperson says federal agents handcuffed her at Humboldt Park medical facility
She was asking a federal agent if he had a warrant to arrest a patient at the hospital. The agents refused to answer.
The U.S. Department of Homeland Security said in previous statement to the I-Team in part, "Fuentes was escorted out in handcuffs but never placed under arrest. Once agents removed her from the area, she was free to go."
READ ALSO | Chicago healthcare institutions claim large no-show rates due to federal immigration crackdown
An attorney for Fuentes says the Federal Tort Claims Act requires an initial filing of an Administrative Claim, which was filed on Tuesday.
When that claim is denied, or within six months, they will then file an FTCA complaint in federal court.
Assistant DHS Secretary Tricia McLaughlin said in a statement, "The facts remain, during a targeted immigration enforcement operation in Chicago, U.S. Border Patrol vehicles were blocked by agitators and their vehicles was boxed in by vehicles. After repeated verbal commands to disperse the crowd, USBP deployed tear gas and pepper balls. During this operation, an illegal alien was arrested and later complained of a leg injury from his attempts to flee law enforcement and evade arrest. Out of an abundance of caution he was taken to the hospital for medical treatment.
"At the hospital, nearly 30 protesters, including Alderperson Jesse Fuentes, attempted to gain access to the detainee. She was escorted out in handcuffs but NEVER placed under arrest. Once agents removed her from the area, she was free to go.
"Our brave officers are facing a surge in increase in assaults against them, including terrorist attacks, cars being used as weapons on them, and assaults by rioters. This violence against law enforcement must END. We will not be deterred by rioters and protesters in keeping America safe."