Judge Sara L. Ellis's November 6 injunction — which required visible IDs and active body cameras and barred riot-control weapons unless force was objectively reasonable — was temporarily paused by the 7th Circuit, which called it too prescriptive. The appellate panel granted an emergency stay while the appeal is expedited and left open the option of a narrower injunction. Several agents redeployed to Charlotte and New Orleans, about 100 remain in Chicago, and authorities have signaled a possible return of up to 1,000 agents next spring. A trial on the constitutional claims is scheduled for March 2.
Appeals Court Pauses Ban on Riot-Control Weapons in Chicago, Leaving Oversight Limited
Judge Sara L. Ellis's November 6 injunction — which required visible IDs and active body cameras and barred riot-control weapons unless force was objectively reasonable — was temporarily paused by the 7th Circuit, which called it too prescriptive. The appellate panel granted an emergency stay while the appeal is expedited and left open the option of a narrower injunction. Several agents redeployed to Charlotte and New Orleans, about 100 remain in Chicago, and authorities have signaled a possible return of up to 1,000 agents next spring. A trial on the constitutional claims is scheduled for March 2.
12:22 AM, 11/21/2025Politics
A federal appeals court has temporarily paused a preliminary injunction that would have restricted federal agents' use of riot-control weapons in Chicago while an expedited appeal proceeds.
Background: U.S. District Judge Sara L. Ellis issued a preliminary injunction on November 6 after plaintiffs accused federal immigration agents of using 'extreme brutality' to silence journalists and nonviolent protestors during an enforcement effort known as Operation Midway Blitz. The court record included witness testimony and video evidence that, according to the judge, 'shocks the conscience.' The record also cited video showing Border Patrol chief Gregory Bovino apparently throwing a tear-gas canister into a crowd; Bovino later acknowledged he had lied about being struck by a rock before deploying the canister.
What the injunction required: Ellis's order required agents to display visible identification and keep body-worn cameras activated. It barred the use of 'riot-control weapons' such as chemical irritants and rubber bullets and prohibited hands-on tactics like tackling, choke holds and neck restraints unless such force was objectively reasonable to stop an immediate threat.
Appeal and emergency stay: The Justice Department appealed the injunction on November 10, calling it overbroad, unworkable and a threat to officer safety and separation of powers. A three-judge panel of the 7th Circuit granted an emergency stay, finding the injunction 'too prescriptive' and comparable to federal regulation. The appellate panel cautioned the government not to overread the stay, emphasized that the order is temporary while the appeal is expedited, and signaled it might issue a narrower, tailored injunction addressing the plaintiffs' First and Fourth Amendment claims.
Deployments and outlook: In the interval between the appeal and the stay decision, many agents redeployed from Chicago to new operations in Charlotte, North Carolina, and planned deployments to New Orleans. Department of Homeland Security spokeswoman Tricia McLaughlin called the stay 'a win for the rule of law and for the safety of every law enforcement officer.' Still, DHS has said roughly 100 agents will remain in Chicago, and one source indicated there could be a return of as many as 1,000 agents next spring compared with about 250 involved in Operation Midway Blitz.
Next steps: Judge Ellis is moving ahead with a trial scheduled for March 2 to resolve whether the administration and its agents violated the First and Fourth Amendment rights of journalists and protestors. A final ruling could shape limits on federal enforcement tactics during mass-deportation operations in Chicago and elsewhere.