But the 7th Circuit U.S. Court of Appeals also cautioned against \u201coverreading\u201d its stay and said a quick appeal process could lead to a \u201cmore tailored and appropriate\u201d order.<\/b>
\nA federal appeals court on Wednesday temporarily halted an order restricting the use of force by federal immigration agents in the Chicago area, calling it \u201coverbroad\u201d and \u201ctoo prescriptive.\u201d
But the 7th U.S. Circuit Court of Appeals also cautioned against \u201coverreading\u201d its stay and said a quick appeal process could lead to a \u201cmore tailored and appropriate\u201d order.
Earlier this month, U.S. District Judge Sara Ellis issued a preliminary injunction in response to a lawsuit filed by news outlets and protesters who claimed federal officers used excessive force during an immigration crackdown that has netted more than 3,000 arrests since September across the nation\u2019s third-largest city and its many suburbs.
Government attorneys had argued that the order restricted the enforcement of the nation\u2019s laws and could \u201csubvert\u201d the constitutional structure.
In issuing a stay Wednesday, the three-judge panel said the government\u2019s arguments were likely to prevail in court.
\u201cThe preliminary injunction entered by the district court is overbroad,\u201d the two-page ruling said. \u201cIn no uncertain terms, the district court\u2019s order enjoins an expansive range of defendants, including the President of the United States, the entire Departments of Homeland Security and Justice, and anyone acting in concert with them.\u201d
It added that the order was \u201ctoo prescriptive\u201d as it specified the types of riot control weapons and other devices in a way that \u201cresembles a federal regulation.\u201d
Among other things, Ellis\u2019 order restricted agents from using physical force and chemical agents like tear gas and pepper balls, unless necessary or to prevent an \u201can immediate threat.\u201d She said the current practices violated the constitutional rights of journalists and protesters.
During a lengthy court hearing this month, witnesses gave emotional testimony when describing experiencing tear gas, being shot in the head with pepper balls while praying, and having guns pointed at them.
Ellis determined that Trump administration witnesses were \u201csimply not credible,\u201d including Gregory Bovino, a Border Patrol commander who led the Chicago area operation before moving on to to North Carolina in recent days.
Attorneys for the plaintiffs and the Department of Homeland Security did not immediately return messages seeking comment on Wednesday\u2019s stay.
Bovino, the head of a Border Patrol sector in El Centro, California, has repeatedly defended agents\u2019 use of force. He oversaw about 230 agents from U.S. Customs and Border Protection in the Chicago area starting in September. After North Carolina, federal border agents are expected to be deployed to New Orleans.
The immigration operation in the Chicago area has triggered multiple lawsuits, including allegations about inhumane conditions at a federal immigration center. The legal complaint prompted a federal judge and attorneys to visit the longtime U.S. Immigration and Customs Enforcement facility outside Chicago last week.<\/p>\n