A federal judge – who previously said the behavior and actions of immigration agents in Chicago “shocks the conscience” – has agreed to dismiss a lawsuit brought by a group of protesters, clergy and journalists who sued the Trump administration in October arguing the use of force by Border Patrol and ICE agents last fall was excessive and violated their civil rights during the immigration crackdown in Chicago – known as “Operation Midway Blitz.”
Immediately after Judge Sara Ellis dismissed that case Thursday afternoon, she held another hearing, where attorneys representing the state of Illinois asked if they could essentially share the same discovery that was gathered in the now-dismissed lawsuit.
An attorney for the Trump administration said he would need to confer with his clients before weighing in – but noted they still have several weeks to respond to the latest lawsuit brought by the state of Illinois.
As part of the litigation in the now-dismissed lawsuit, the federal government turned over hundreds of pieces of potential evidence – including surveillance video, body camera recordings and use of force reports that were assembled as part of the lawsuit in the case brought by the protesters, clergy and journalists.
Attorneys representing the Illinois Attorney General’s office filed a lawsuit against the Department of Homeland Security earlier this month – making similar criticisms to the one filed this fall by the group of protesters, clergy and journalists.
In this latest lawsuit, attorneys for the state of Illinois argue that the Trump administration’s immigration crackdown disrupted the lives of citizens in the Chicago area – made arrests without warrants, randomly questioned people about their citizenship and used chemical weapons on law-abiding citizens.
Both lawsuits were critical of Border Patrol and ICE agents actions this fall – alleging that they engaged in excessive force by deploying tear gas on crowds when it wasn’t necessary.
Border Patrol Commander Gregory Bovino was captured on video using tear gas in the Little Village neighborhood even after Judge Ellis had issued a temporary restraining order aimed at curbing the use of chemical agents.
Border Patrol and ICE agents have previously testified in the now-dismissed case that their tires were slashed and that crowds either threw objects at officers or impeded their ability to do their jobs.
Plaintiffs for the protesters and journalists dismissed their lawsuit as Operation Midway Blitz ended. However, an appellate court had also ruled that Judge Ellis’ preliminary injunction in the case went too far.
No decision was made Thursday on the latest request to share potential evidence.
Another hearing on the matter was set for February 18.
