Judge orders feds to dial back aggressive response to journalists, protesters in Chicago area

Video shows pastor being hit by pepper balls fired by federal agents during protest
Friday, October 10, 2025
BROADVIEW, Ill. (WLS) -- A ruling in federal court Thursday restricts the tactics used by the Department of Homeland Security as they engage with protesters, members of the media and the public, the ABC7 I-Team has learned.

The temporary restraining order, or TRO, governs the behavior of federal agents in the entire Northern District, not just at the Broadview ICE processing facility, where there have seen numerous flare ups between ICE agents and the public.



It limits the indiscriminate use of riot control weapons, against peaceful protesters and journalists and requires nearly all federal agents to have visible identification even when wearing riot gear.

Rev. David Black of the First Presbyterian Church of Chicago was shot in the head with a pepper bullet while peacefully protesting outside of the facility in Broadview last month by an ice agent standing on the roof of a building. He was able to get up after being hit.



Other examples include ICE Agents indiscriminately firing tear gas canisters at peaceful protesters outside of that same facility, Chicago television journalists shot at with pepper bullets or tear gassed, an unarmed protester thrown to the ground by ICE and chemical irritants thrown by federal agents who were stuck in traffic in Chicago's Logan Square.

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Actions like those by federal agents during Operation Midway Blitz are now restricted by a temporary restraining order prohibiting officers from indiscriminate use of force against: "members of the press, protesters or religious practitioners who are not posing an immediate threat to the safety of a law enforcement officer or others."

Jon Loevy, a civil rights attorney in Chicago whose firm was party to the lawsuit, said, "Because the federal officials didn't like what they were saying, they meted out violence and weapons and tear gas. They were literally targeting people because of what they were saying."

Other attorneys representing faith leaders, journalists and protesters also celebrated the win.



"I saw snipers on the roofs of the detention center pointed down at us simply trying to pray from our beliefs," explained Fr. Brendan Curran.

Former federal prosecutor and Loyola University Law Professor Juliet Sorensen said the judge's order is clear and adds an important element: federal officers must wear identification, even while wearing riot gear.

"We have seen people masking themselves, while acting on behalf of the federal government and using force against peaceful protesters and journalists have the opportunity to write the first rough draft of history. That is what is happening right now in Chicago. And this is what reporters are born to do. They are bearing witness for the rest of us."

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In court, DHS defended its use of force, citing an increasing number of attacks on federal law enforcement at the facility and its "broad authority to protect federal property."



The temporary restraining order also prohibits federal agents from arresting non-violent protesters who are "not resisting a lawful crowd dispersal order" unless there's reason to believe the person has committed a crime.

The TRO cannot be appealed and is in effect for two weeks until a hearing on a preliminary injunction which could have a longer effect.

In an emailed statement, U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said, "The First Amendment protects speech and peaceful assembly - not rioting. DHS is taking reasonable and constitutional measures to uphold the rule of law and protect our officers. ICE officers are facing a nearly 1000% increase in assaults against them as they put their lives on the line to arrest murderers, rapists, and gang members.

We remind members of the media to exercise caution as they cover these violent riots and remind journalists that covering unlawful activities in the field does come with risks - though our officers take every reasonable precaution to mitigate those dangers to those exercising protected First Amendment rights.

President Trump and Secretary Noem are committed to restoring law and order in Chicago and around the country. Anyone who actively obstructs law enforcement in the performance of their sworn duties will face consequences, which could include arrest."
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