US Appeals Court Blocks Judge’s Order Restricting ICE Use of Tear Gas in Chicago Protests

A U.S. appeals court has sided with the Trump administration, halting a lower court order that restricted how federal immigration agents could use tear gas and other weapons against protesters in Chicago.

In a brief opinion, the 7th U.S. Circuit Court of Appeals granted the government’s emergency request to pause the ruling issued earlier this month by District Judge Sara Ellis. Her order had required ICE agents to give warnings before deploying tear gas, barred them from arresting or dispersing journalists, and mandated the use of body cameras and clear identification.

The appeals court said Ellis’ order improperly micromanaged federal law enforcement, noting its “practical effect is to enjoin all law enforcement officers within the Executive Branch.”

Ellis had ruled in favor of protesters, journalists, and clergy members who testified about violence during demonstrations outside an immigration detention facility in Broadview, Illinois, and on Chicago streets. Witnesses described agents aiming guns at their heads, firing pepper balls at a pastor while he prayed, and targeting those who filmed their activity. Ellis dismissed government claims of violent protesters as not credible, citing instances where agents allegedly lied about protester conduct.

The three-judge panel emphasized that while Ellis’ order infringed on the separation of powers, they were not dismissing the plaintiffs’ constitutional claims. They suggested a narrower order might be appropriate and placed the case on an expedited schedule.

The dispute comes amid Trump’s intensified immigration enforcement in Chicago under “Operation Midway Blitz.” Federal agents have used tear gas in residential areas while attempting to arrest suspected undocumented migrants. Trump also deployed National Guard troops in September, though a federal court blocked their use in October. The U.S. Supreme Court is currently reviewing that ruling, and defense officials have confirmed some Guard units are being withdrawn from Chicago and Portland.