Federal judge issues injunction against immigration agents' use of force in Chicago area

CHICAGO (WLS) -- A federal judge issued a preliminary injunction on federal immigration agents' use of force as part of Operation Midway Blitz.

Judge Sara 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 is already saying they will appeal 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.

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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 ICE does not match up with what DHS claims happened in several incidents from the past two months.

SEE ALSO | Judge issues temporary restraining order against DHS for Broadview ICE facility conditions

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.

"It is difficult to see how an injunction requiring the government to follow the constitution could possibly be harmful," the judge said.

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

Ellis called Bovino out for at least three instances in which his deposition contradicted the video evidence, including the Little Village incident on October 23 when Bovino publicly said he had thrown a tear gas canister at protesters after being hit by a rock in the head. He later admitted, under oath, he had thrown it before.

A DHS spokesperson issued a statement, saying, "This injunction is an extreme act by an activist judge that risks the lives and livelihoods of law enforcement officers. Rioters, gangbangers, and terrorists have opened fire on our federal law enforcement officers, thrown rocks, bottles, and fireworks at them, slashed the tires of their vehicles, rammed them, ambushed them, and they have destroyed multiple law enforcement vehicles. Despite these real dangers, our law enforcement shows incredible restraint in exhausting all options before force is escalated. DHS law enforcement will continue to enforce the laws of our nation, just as they do every day across the country. We shall appeal."

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Although Bovino said, all uses of force and arrests that he's seen have been - "more than exemplary" and the government has argued, agents have the right to protect themselves.

It is worth noting that while the 7th Circuit did block Ellis' attempt to have Bovino meet with her daily, they did uphold the TRO that this order replaces. If it survives on appeal, the preliminary injunction will remain in effect until a trial on this case can be held.

Bovino was spotted with agents on the streets of Little Village on Thursday

ABC7's cameras captured the CPB chief and agents patrolling near 26th and Central Park around noon.

Their presence called the attention of several protesters before the agents got in their vehicles and drove away.