Thursday’s decision to extend limits on the use of force by federal immigration agents in the Chicago area followed heated testimony over First Amendment rights.
President Trump’s administration has been insisting that it’s getting tough on “violent mobs” to protect the American people.
But, in court, civil-rights attorneys have argued the officials are out to suppress political speech.
U.S. District Judge Sara L. Ellis found that the agents’ use of force “shocks the conscience” and gave a verbal order “enjoining all chilling of First Amendment rights.” A written order is expected later.
In reaching that decision, Ellis saw video clips and heard sworn testimony of top immigration officials.
One clip showed Homeland Security Secretary Kristi Noem delivering a pep talk a few weeks ago to U.S. Border Patrol agents outside an immigration processing facility in west suburban Broadview, where protesters gather.
KRISTI NOEM: Today, when we leave here, we’re going to go hard. We’re going to hammer these guys who are advocating for violence against the American people. What they are doing is advocating to harm not just you and your colleagues, but your families and they’re doxxing your identities and victimizing people every day by the way that they are talking, speaking, who they are affiliated with, who they’re funded with and what they’re talking about as far as consequences for what we’re doing by protecting this country.
So, we’re going to go out there and make sure there are consequences for the way that they are behaving. And we’re going to prosecute them. We’re going to bring them to justice. We’re not taking this anymore, alright? The president is sick of it. I’m sick of it. And we’re going to give you guys all the authority that you need to go out there and arrest these individuals who are advocating for violence against you. Does that sound alright?
Noem’s focus on protesters’ speech — their way of talking, their affiliations and their funding sources — caught the ear of veteran civil-rights attorney Locke Bowman.
Bowman helps represent groups that sued Noem and other federal officials that led to Thursday’s decision. They sued over the use of riot-control weapons like tear gas against protesters, journalists and neighbors.
As part of that suit, Bowman got a chance to question Gregory Bovino, the Border Patrol chief in charge of the Chicago-area deportation operation, under oath.
At the start, Bovino testified he reports directly to Noem.
Later, Bowman played Noem’s pep talk. The clip showed Bovino standing next to her as she addressed the agents. The chief told Bowman he agreed with what she said. Bowman asked him about it.
LOCKE BOWMAN: Have you communicated to the officers under your command that part of their responsibilities — not every one, but part of their responsibilities — is to hammer guys who are advocating for violence against the American people?
GREGORY BOVINO: I have instructed my officers that when threats are made — which is advocacy of violence, threats against law enforcement officers are made — that they are, that is arrestable.
BOWMAN: Okay, have you instructed your officers that they should go hard against people for the way that they’re talking, speaking, who they’re affiliated with, and who they’re funded with?
BOVINO: I’ve told my officers to go hard against people that are advocating threats, violence, death, against those in the form of threats.
Ellis, the judge, decided Bovino and his agents had gone overboard.
On Thursday she also accused the chief of lying when he tried to justify using tear gas against people protesting the deportation campaign.
She extended an order banning riot-control weapons without two warnings and banning any force against people who pose no immediate threat.