A federal appeals court on Wednesday halted a lower court’s order restricting federal immigration officers’ use of force in the Chicago area, calling the order “overbroad.”
A three-judge panel on the U.S. Court of Appeals for the 7th Circuit paused U.S. District Judge Sara Ellis’s Nov. 6 injunction, which significantly limited federal officers’ ability to use force when conducting immigration operations amid unruly protests. The panel’s Wednesday order took issue with how wide-ranging Ellis’s order was, noting it limited the powers of the president, the Justice Department, and the Department of Homeland Security.
“The practical effect is to enjoin all law enforcement officers within the Executive Branch,” the panel wrote. “Further, the order requires the enjoined parties to submit for judicial review all current and future internal guidance, policies, and directives regarding efforts to implement the order — a mandate impermissibly infringing on principles of separation of powers on this record.”
The panel also expressed concern over whether the groups suing the Trump administration have standing to seek restrictions on future use of force in immigration operations in the Chicago area. The appeals court cautioned not to overread its order, noting its main concerns stem from how vast the scope of Ellis’s order is, and said it would schedule oral arguments to fully consider the appeal.
The Wednesday order from the 7th Circuit marks the second time in a month that Ellis’s orders against the Trump administration have been halted by the appeals court. Last month, a panel on the court struck her order mandating daily court appearances from a top Border Patrol official to give updates about immigration operations in Chicago.
TRUMP ADMINISTRATION ACCUSES ILLINOIS OFFICIALS OF INCITING ICE PROTESTS
The lawsuit over the immigration officers’ use of force is one of two areas where the Trump administration’s immigration operations in the Chicago area are under scrutiny in federal court.
The administration’s bid to use the National Guard in Chicago to protect federal assets and officials has been blocked by a pair of federal courts, leading to the Justice Department asking the Supreme Court to allow the deployment to proceed. The Supreme Court is expected to rule on the emergency request from the Trump administration in the coming weeks.
