Judge scolds DHS over handling of anti-ICE protests in Chicago, moves to oversee operations

A U.S. district judge chastised the Homeland Security Department on Tuesday over agents’ suppression of anti-ICE protests on the streets of Chicago and put herself in a position to oversee operations, demanding body-worn cameras for all personnel and ordering daily briefings from the commander on the scene.

Judge Sara Ellis said she didn’t want to take over the Chicago immigration enforcement operation but suspected authorities had violated her restraining order curtailing the use of aggressive riot control tactics.

The case has quickly become a test of Homeland Security’s authority to deal with the unruly crowds, which are increasingly emboldened to confront officers and agents carrying out President Trump’s deportation plans.

Judge Ellis ordered Gregory Bovino, Border Patrol commander-at-large, to personally deliver an update every weekday evening so she could understand the situation. She fretted specifically over reports that tear gas was used on a crowd over the weekend near where children were preparing for a Halloween celebration.

“Kids dressed in Halloween costumes walking to a parade do not pose an immediate threat to the safety of a law enforcement officer,” the judge said. “You can’t use riot control weapons against them.”

She said video from the streets indicated that agents had violated a restraining order she issued last week banning the use of tear gas or other riot control munitions without an immediate threat.

Homeland Security released a video on social media as the hearing began. The footage, based on protesters’ claims, challenged some of the judge’s conclusions.

The video shows events last week surrounding the highest-profile clash yet, in the Little Village neighborhood. Chief Bovino personally used tear gas despite the judge’s restraining order.

In the video, one agent was clearly warning that tear gas could be used if protesters didn’t back up. The video also seemed to capture repeated instances of rocks or other dense objects tossed at the agents, including Chief Bovino.

The video captures mortar-style fireworks being fired at the agents.

The video includes some of the confrontations agents say they regularly face as they move about major cities to conduct immigration enforcement.

“All y’all daughters gonna get raped,” one woman says as she seemingly encourages a man to call for other protesters to join the fray.

“They’re about to come over here and ram the [expletive] out of all y’all [expletive],” the woman said.

“They gonna come deep,” the man then says. “Y’all better watch it.”

An agent says, “Don’t be threatening us, bro.”

The video then shows the main confrontation as agents try to extract a government vehicle boxed in by protesters.

“Back up, back up!” agents shouted as they shoved people out of the way.

Homeland Security said its personnel handled the situation by the book as they tried to deal with as many as 100 “rioters.”

“Agents properly used their training. The use of chemical munitions was conducted in full accordance with CBP policy and was necessary to ensure the safety of both law enforcement and the public,” the department said in releasing the video.

Much of the video was compiled from clips from body cameras issued to agents.

Judge Ellis seemed particularly intent on ensuring the universal use of body cameras. Chief Bovino said nearly all the agents in the enforcement surge have the cameras, but the judge said she wanted coverage to be complete by Friday. That, she said, includes Chief Bovino.

She ordered the government to turn over reports on use-of-force incidents and arrests of people hindering Homeland Security’s operations.

The clashes between protesters and federal officers have intensified amid Democratic leaders’ calls for resistance to Mr. Trump’s immigration plans.

Residents have swarmed locations as personnel from U.S. Immigration and Customs Enforcement or Customs and Border Protection, the two main agencies with immigration arrest powers, attempt to pursue deportation targets.

Some residents protest, often profanely, while others attempt to use their bodies to hinder federal officers. Others have been caught on camera throwing projectiles or launching mortar-style fireworks.

Acting ICE Director Todd Lyons told The Washington Times earlier this month that this kind of behavior wouldn’t be acceptable to any other law enforcement agency.

“You wouldn’t go out to the metro police department here in Washington, D.C., and just randomly interfere in a traffic stop. You’d be arrested,” he said. “But here you have people actively showing up to assault, ram their vehicles into ICE agents and officers, who weren’t even involved in that situation.”

Attorneys for the protesters said Tuesday that Homeland Security personnel are spurring the violent clashes by being too quick to use aggressive tactics.

The disruptions have prodded Mr. Trump to try to federalize and deploy the National Guard to protect the federal officers in the Chicago area.

A separate district judge has placed a hold on that deployment. The Justice Department has asked the Supreme Court to intervene and allow the deployment to proceed.