During a recent hearing, US District Judge Sara Ellis expressed concerns about the federal response to the ongoing protests in Chicago, particularly in light of Operation Midway Blitz. Her inquiries focused on the responsibilities of various federal agencies, the dissemination of her restraining order, and the training provided for crowd control during protests.
Key Insights from the Hearing on Federal Response
Judge Ellis raised critical points regarding the deployment of body-worn cameras among federal agents engaged in crowd control during protests. She had initially mandated the use of body cameras for all agents but acknowledged that exemptions exist, especially for undercover agents or those working under Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), or Department of Homeland Security (DHS) policies.
Federal Agencies and Body Camera Policies
- More than 200 CBP agents in Chicago are equipped with body cameras and are aware of the requirement to use them.
- ICE’s Special Response Teams, however, lack body cameras, with their Deputy Field Office Director, Shawn Byers, indicating that issuance had ceased and would require Congressional approval to restart.
Byers mentioned that ICE agents are trained in responding to demonstrations and performing arrests. These agents can issue citations during protests, with team members stationed outside the Broadview detention facility—a focal point for anti-immigration demonstrations.
Concerns About Use of Force and Media Access
During the session, media interactions also came under scrutiny. Byers stated journalists should be allowed to observe protests as long as they do not interfere. However, incidents such as the one involving Rev. David Black were highlighted, where he claimed he faced unprovoked use of force while praying outside the detention center.
Operation Midway Blitz, initiated by the Trump administration, has resulted in over 1,000 migrant arrests across Illinois from September 8 to October 3, according to DHS. This deployment has heightened tensions between protesters and federal agents.
Response to Recent Incidents
Discrepancies in federal responses to protests came to light when Judge Ellis questioned the use of tear gas. CBP Deputy Incident Commander Kyle Harvick denied reports of tear gas usage without warning. Nonetheless, he conceded he had not witnessed the events personally.
The legal team representing the Trump administration, through attorney Sean Skedzielewski, claimed that Judge Ellis was relying on selectively edited media accounts regarding the protests. ICE maintains a review process for incidents of force used during demonstrations, which includes evaluations from leadership and professional responsibility offices.
Future Proceedings
Judge Ellis has indicated she will continue her inquiry into the operations of federal agencies by deposing key figures such as Russell Hott, the former interim head of Chicago ICE, and Gregory Bovino, the chief patrol agent at CBP, to gain more insight into the conduct during the protests.
