US judge orders federal agents to dial back aggressive response to immigration protests

US judge orders federal agents to dial back aggressive response to immigration protests

Ruling bans ICE agents from wearing masks, restricts use of riot-control weapons and requires federal workers to wear ID badges

By Darren Lyn

HOUSTON, United States (AA) - A judge in the US state of Illinois on Thursday ordered Immigration and Customs Enforcement (ICE) agents conducting raids in Chicago to dial back their aggressive response to protests and news reporting on immigration issues, according to media outlets.

US District Judge Sara Ellis issued a temporary restraining order restricting federal agents from "using riot control weapons" against journalists, protesters and religious practitioners unless there is probable cause that the individuals have committed a crime. There have been instances of reporters being shot with projectiles and exposed to tear gas.

"The actions taken by some of those federal agents clearly violated the Constitution," said Ellis. "Individuals are allowed to protest. They are allowed to speak. That is guaranteed by the First Amendment to our Constitution, and it is a bedrock right that upholds our democracy."

The ruling also bans ICE agents from wearing masks and requires federal workers to wear identification badges.

Plaintiffs in the case said in court documents that ICE agents outside a Chicago immigration facility unlawfully injured protesters, journalists and a local pastor during an altercation.

The Department of Homeland Security (DHS) defended the use of force, citing an increasing number of attacks on federal law enforcement at the facility and its "broad authority to protect federal property."

Ellis also ordered federal agents to stop arresting non-violent protesters who are "not resisting a lawful crowd dispersal order" unless there is reason to believe the person has committed a crime.

The judge also barred ICE agents from "dispersing, arresting, threatening to arrest, threatening or using physical force against any person whom they know or reasonably should know is a journalist," adding that "defendants may order a journalist to change location to avoid disrupting law enforcement as long as the journalist has an objectively reasonable time to comply and an objectively reasonable opportunity to report and observe."

The temporary restraining order is in effect for two weeks for the Northern District of Illinois, which includes Chicago.

Illinois law also requires all registered vehicles being used by authorities to display front and back license plates without exception, according to the secretary of state's office.

"Whether it's (ICE) or any other agency not identifying themselves, whether it's hiding their faces, hiding their license plates, it's just a severe lack of accountability, because if you don't know who they are, you can't hold them accountable for abuses," Alexandra Block of the American Civil Liberties Union (ACLU) said in a statement.

"It's also a dangerous situation," Block added. "People don't know that they are federal agents, and it's an invitation to copycats who are bad actors kidnapping people because there's no way to distinguish kidnappers from federal agents when they're acting this way."

DHS officials issued a statement saying that their agents are following the rules.

"To be clear: Our vehicles meet federal regulations for law enforcement," said DHS Assistant Secretary Tricia McLaughlin, without listing specifics of what rules agents were complying with. "DHS is not going to confirm our vehicles and put an even larger target on our officers' backs."

"When our heroic law enforcement officers conduct operations, they clearly identify themselves as law enforcement while wearing masks to protect themselves from being targeted by highly sophisticated gangs like Tren de Aragua and MS-13, criminal rings, murderers and rapists," McLaughlin added.

The temporary restraining order does not specifically apply to the National Guard that has been deployed to federal sites, but the judge said she did not want guardsmen to do a "work around" of the order.

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