Federal agents violated the constitutional rights of peaceful protesters and journalists covering demonstrations against ongoing immigration enforcement in recent weeks through their deployment of chemical irritants and rubber pellets, a federal judge ruled Thursday.
The temporary ruling issued by U.S. District Judge Sara L. Ellis stems from a lawsuit filed this week by the Chicago Headline Club, Block Club Chicago, the Chicago News Guild, and other independent journalists and protesters against Department of Homeland Security Secretary Kristi Noem and other federal officials.
The lawsuit claims federal agents have indiscriminately used excessive force and have “randomly singled out” reporters and protesters with chemical agents during recurring protests outside the U.S. Immigration and Customs Enforcement processing center in suburban Broadview.
“Individuals are allowed to protest,” the judge said in the order. “They are allowed to speak. That is guaranteed by the First Amendment of our constitution, and it is a bedrock right that upholds our democracy.”
Leigh Kunkel, 38, was protesting outside the facility Sept. 26 when she took cover behind a van after federal officers shot rubber pellets into the crowd “without any warning or apparent justification,” according to the lawsuit. She was struck in the back of the head and again in the nose by a federal officer from close range.
In another instance, an ordained minister was struck repeatedly in the head with rubber pellets as he stood outside the facility and prayed, the lawsuit said. He was sprayed in the face with tear gas moments later.
Chicago journalist Steve Held was arrested during another protest Sept. 27 while standing on a public parkway and filming officers detaining a protester. Officers tackled and threw him to the ground before handcuffing him and escorting him inside the ICE facility. He was released without charges hours later, the lawsuit said.
Multiple Chicago Sun-Times journalists have also been impacted by chemical irritants and struck by rubber pellets while covering recent protests in Broadview. The Chicago Sun-Times Guild is a member of the Chicago News Guild.
Stephen Griswold, president of the National Association of Broadcast Employees and Technicians — another plaintiff in the case — said in a statement that “First Amendment rights should never be taken lightly.”
“Today is a good day for the members of CWA, the Chicago News Guild, and the other Chicago media outlets who have the responsibility and privilege of covering historic events here in Chicago,” he said.
In response to the lawsuit, federal officials have said they have been attacked by protesters and had their vehicles damaged as they entered and left ICE processing center in Broadview.