Illinois’ senators asked the Justice Department on Thursday to open a criminal investigation into Homeland Security personnel over the Chicago deportation surge, saying agents used excessive force to arrest migrants and deal with protesters, crossing constitutional lines.
Sen. Richard J. Durbin and Tammy Duckworth, both Democrats, said DHS officers have smashed down doors and broken car windows to try to get at their migrant targets. They also accused officers of having “body slammed” four U.S. citizens in one encounter at a cemetery, and punching another citizen in the head after pulling him from his car.
Faced with growing unruly protests, a court said federal officers fired pepper balls and deployed tear gas without warning, and the senators said it was done “with no justification.”
They asked Attorney General Pam Bondi to initiate a federal civil rights probe.
“During Operation Midway Blitz, federal immigration agents have violated the Fourth Amendment by conducting warrantless arrests and use of excessive force as they violently confront individuals, including U.S. citizens, during immigration enforcement operations,” the senators wrote.
They took particular aim at Gregory Bovino, a senior Border Patrol official who has claimed command over the Chicago immigration operation.
A federal judge has found that Chief Bovino lied about his personal use of tear gas on protesters, wrongly saying he used it after he was struck by a rock, and about his encounter where he tackled a protester outside a migrant detention facility.
The Washington Times has sought comment from Homeland Security for this story.
The Justice Department has discretion over what to do with the referral.
Judge Sara Ellis, in addition to finding that Chief Bovino lied, also ruled that Homeland Security was too quick to use stern riot-control tactics.
She had ordered severe limits on what agents and officers could do. An appeals court put that on hold, saying she had gone too far in trying to dictate policing procedures.
Mr. Durbin said in his letter that his staff on the Senate Judiciary Committee is compiling more evidence of violations of civil rights law. Mr. Durbin is the senior Democrat on that committee.
“Federal law enforcement officers participating in Operation Midway Blitz and other unnecessarily aggressive immigration enforcement activities throughout the United States, as well as their leadership directing them to engage in these inappropriate enforcement actions, should be on notice that we are closely monitoring such activities and that they can be held accountable for violating individuals’ constitutional rights,” the senators said.
The enforcement surge began in September and lasted into November, when Chief Bovino left Chicago to pursue enforcement in other cities.
Chief Bovino returned this week to Chicago, where local news accounts detailed a new surge of arrests.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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