Federal judge issues injunction against DHS excessive force in Chicago
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Photo illustration: Brendan Lynch/Axios. Photos: Octavio Jones/AFP via Getty Images
A federal judge in Chicago issued a preliminary injunction with stricter guidelines on use of force by Department of Homeland Security officers during immigration enforcement.
Why it matters: More than a month after Judge Sara Ellis ordered DHS officers operating in and around Chicago to stop shooting pepper spray and tear gas at journalists and peaceful protesters, videos captured by witnesses from McKinley Park to Albany Park have shown tactics that question whether officers are adhering to the order.
Driving the news: Ellis delivered the ruling Thursday morning as the court bumped up against the deadline of the current temporary restraining order she issued last month.
- The new injunction replaces the TRO but outlines similar guidelines.
Catch up quick: Under the TRO, DHS agents and other federal officials are prohibited from using riot control weapons if journalists and protesters do not pose an immediate threat to law enforcement.
- Video captured officers disrupting a Halloween parade last month on the city's Northwest Side, sparking Gov. JB Pritzker to plead with DHS Secretary Kristi Noem to cease immigration enforcement over the holiday, but Noem denied that request.
The intrigue: CBP Commander Gregory Bovino's recorded testimony from a private deposition was played for the courtroom Wednesday, and in one moment, lawyers played Bovino a video in which he tells agents, "everybody f**king gets it if they touch you. … This is OUR f**king city," the Sun-Times reported from the courtroom.
Zoom out: Elsewhere in Chicago on Wednesday, a widely circulated video shows federal officers following a worker into Rayito De Sol daycare in North Center, then forcefully removing and detaining her.
- Elected officials also say agents went classroom to classroom looking for undocumented immigrants.
Between the lines: The incident raises questions about where DHS agents are operating. Agents have recently waited outside schools, churches and other "sacred" spaces, but this is one of the first documented cases in which they entered the buildings.
What they're saying: "This is a violation of public trust," U.S. Rep Mike Quigley (D-IL) said at a news conference. "Prior to this administration, there were clear guidelines against conducting enforcement in sensitive locations, like schools, daycares and places of worship. Today's incident shows not only a blatant disregard for those norms, it shows this administration's contempt for public safety."
- "Are folks not concerned about this? This is horrific," Rayito De Sol parent Maria Guzman said at the press conference. "They have crossed a line. Our schools, our libraries, our churches should be safe places for our children."
The other side: "ICE law enforcement did NOT target a Daycare," DHS assistant secretary of public affairs Tricia McLaughlin said on X.
- "Officers attempted to conduct a targeted traffic stop … Law enforcement pursued the vehicle before the assailant sped into a shopping plaza where he and the female passenger fled the vehicle. They ran into a daycare and attempted to barricade themselves inside the daycare — recklessly endangering the children inside."
Yes, but: "They are lying here," Rep. Delia Ramirez (D-IL) said at a news conference. The congresswoman says she saw the video footage from inside the daycare and it disputes McLaughlin's claim.
- "They're going to continue to viciously lie and issue whatever statement they want, and they want you to accept that statement as if it's a valid statement. We have the footage."
What's next: The Trump administration will likely appeal the injunction.
Editor's note: This story has been updated to include the outcome of the judge's ruling.

