Court temporarily blocks restrictions on use of force by federal immigration agents in Chicago area

CHICAGO (WLS) -- The 7th Circuit Court of Appeals has temporarily blocked a district judge's order that restricts the use of force by federal immigration agents in the Chicago area.

A panel of three judges said the preliminary injunction issued by Judge Sara Ellis was "overbroad" and is "infringing on principles of separation of powers."

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"In no uncertain terms, the district court's order enjoins an expansive range of defendants, including the President of the United States, the entire Departments of Homeland Security and Justice, and anyone acting in concert with them. The practical effect is to enjoin all law enforcement officers within the Executive Branch," the court wrote. "Further, the order requires the enjoined parties to submit for judicial review all current and future internal guidance, policies, and directives regarding efforts to implement the order-a mandate impermissibly infringing on principles of separation of powers on this record."

The court also called the order "too prescriptive."

"...it enumerates and proscribes the use of scores of riot control weapons and other devices in a way that resembles a federal regulation," it said.

Wednesday's order pauses the preliminary injunction while they consider the appeal requested by the Trump administration. But they're also warning the parties not to "overread" the decision, adding that the district court "has developed voluminous and robust factual findings."

"Do not overread today's order. Our concerns about the substantial overbreadth of the district court's injunction lead us to stay it pending appeal, which we will expedite. But we have not concluded that preliminary relief is precluded. Acting on a very compressed timeline, the district court has developed voluminous and robust factual findings. Those findings may support entry of a more tailored and appropriate preliminary injunction that directly addresses the First and Fourth Amendment claims raised by these plaintiffs," the panel wrote.

The Trump administration previously filed an emergency request asking the 7th Circuit Court of Appeals to immediately pause a preliminary injunction on federal immigration agents' use of force in the Chicago area, while it considers their appeal, saying the order violates the separation of powers.

Ellis previously issued a preliminary injunction that extends restrictions on the use of force by federal immigration agents. Among other restrictions, the order prohibits federal agents from "using riot control weapons" against journalists, demonstrators and religious practitioners without first issuing warnings unless necessary to stop immediate threats of physical harms to agents or others.

The injunction affects federal agents' use of force as part of "Operation Midway Blitz."

Ellis said the government lied under oath, saying federal agents' conduct in the Chicagoland area shows no signs of stopping.

The U.S. Department of Homeland previously appealed Judge Ellis' order.

The injunction largely mirrors and replaces the temporary restraining order that preceded it, forbidding the use of force against journalists and peaceful protesters and strictly limiting the manner and place in which chemical agents may be deployed.

Hours of testimony from elected officials, media representatives and others recounted being tear gassed and shot at with pepper bullets, all leading to the judge's decision.

She said agents' own body camera videos submitted by U.S. Immigration and Customs Enforcement does not match up with what DHS claims happened in several incidents from the past two months.

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She said the video showed clear excessive use of force against protesters amid immigration enforcement, whether at the Broadview ICE facility or out on the streets in the Chicago area, deploying tear gas without warning, instigating chaos and pushing protesters to the ground.

She also disputed statements made during Border Patrol Cmdr. Greg Bovino's own recorded deposition, in which he defended his actions and those of federal agents.

Hundreds of National Guard troops remain active in the Chicago area. They are conducting planning and training but not engaging in federal protection operations.

The Supreme Court is poised to weigh in on the deployment of the National Guard in the area.

ABC News contributed to this report.