The 7th Circuit Appellate Court has temporarily blocked the preliminary injunction handed down by federal Judge Sara Ellis, which restricted how often agents could deploy chemical agents into a crowd of protesters.
Now, Ellis is issuing her written opinion, explaining what evidence she used to decide her ruling against DHS.
Judge Ellis pointed to several examples where she believes the Department of Homeland Security's narrative was untrue.
The 233-page report examines evidence provided for a preliminary injunction earlier this month, which restricted agents use of against protesters and journalists.
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The appeals court temporarily blocked Ellis' order earlier this week, while an appeal by the Trump administration is considered.
The report pointed to an incident outside the Broadview processing center on Sept. 19, where pepper balls and tear gas were deployed to a crowd. Judge Ellis said she did not find the defendant's evidence and witnesses credible.
The report also noted that in one instance, an agent asked ChatGPT to create their use of force reports based off a brief sentence and several images.
The court says this "further undermines the credibility and may explain the inaccuracy of these reports when viewed in the light of body worn camera footage."
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Friday morning, dozens of protesters, including a group of Cook County commissioners, returned to the Broadview ICE facility.
"They were pretty much using pepper balls like toys like it was a paint gun fight," protester Levi Roles siad. "Pretty much took any excuse to fire whatever they could, shooting cars in the street just cause they were protesters' cars."
Cook County Commisioner Kevin Morrison, who is running for Congress for Illinois' 8th District, expressed concerns over the tactics federal agents have been using during "Operation Midway Blitz."
"Just yesterday, a judge put out an opinion, criticizing the excessive use of force that has been placed on peaceful protesters," Morrison said. "Right here in Broadview, we saw a pastor shot in the head with a pellet. We've seen Halloween youth be tear gassed."
DHS issued a statement late Friday afternoon, calling the 7th Circuit Appellate ruling a win for law enforcement across America, while also responding to Ellis' written opinion.
They said in part, "Judge Ellis' thoughts on 20th century poetry and Chief Bovino's conduct in the order are noted. They don't change the reality of the situation on the ground and at the appeals level. Throughout Operation Midway Blitz, rioters and other violent criminals have threatened our law enforcement officers, thrown rocks, bottles, and fireworks at them, slashed the tires of their vehicles, rammed them, ambushed them, and even shot at them."
The 7th Circuit Appellate Court is set to have another hearing on this use of force case. That's on Dec. 17.
There is also expected to be a federal trial on the matter in early March as Ellis says she'd like to set some ground rules if there is another surge of operations in the spring.