A federal appeals court handed the Trump administration a win Wednesday evening, pausing a lower judge’s order mandating daily court appearances for a top Border Patrol official to give updates about immigration operations in Chicago.
The move came shortly after the Justice Department sought what’s known as a writ of mandamus to strike U.S. District Judge Sara Ellis’s Tuesday order, which demanded Border Patrol commander-at-large Greg Bovino report to her daily at 5:45 p.m. each weekday to tell her how immigration operations went for the day. The U.S. Court of Appeals for the Seventh Circuit said the pause would remain in effect while it considers the writ of mandamus.
After Ellis issued the order on Tuesday, many in conservative legal circles expressed outrage over Bovino’s mandated court appearances, arguing she had overstepped her authority and predicting the DOJ would seek a writ of mandamus. A writ of mandamus is when a higher court issues an order to a lower court to correct an abuse of discretion or to compel a lower court judge to fulfill his or her official duty.
The order comes in a lawsuit filed by activist groups alleging excessive use of force by federal immigration officers in their operations in the Chicago area. Ellis has grilled officials over their tactics amid unruly protests over their operations, including the use of tear gas, as protesters have allegedly tried to interfere with arrests of illegal immigrants.
During this case, Ellis has mandated federal immigration officers in Chicago wear body cameras and has issued multiple temporary restraining orders aimed at restricting the use of certain riot control tactics. Bovino is set to sit for deposition in the case on Thursday and Friday.
JUDGE ORDERS DAILY COURT APPEARANCES FROM TOP BORDER PATROL OFFICIAL, SETTING UP POTENTIAL CLASH
The Trump administration’s federal immigration operations in Chicago are under scrutiny through a pair of lawsuits in federal court in Illinois. One case involves federal immigration officers’ use of force, and the other is the state’s lawsuit over President Donald Trump’s order to federalize and deploy the National Guard to the Windy City to protect federal assets and officials.
Federal courts have halted Trump’s National Guard order, with the Supreme Court being asked to lift the block preventing troops from going to Chicago. The high court asked both the Trump administration and Illinois for additional briefs in the case on Wednesday, likely pushing back a decision in the case until late next month.
