Chicago appeals court lifts limits on immigration agents’ force in Operation Midway Blitz

WASHINGTON (TNND) — A federal appeals court in Chicago overturned a lower court’s injunction limiting federal immigration agent’s use of force amid Operation Midway Blitz, an immigration enforcement operation which launched in the greater Chicago area last September.

The three-judge panel on the U.S. Court of Appeals 7th Circuit voted 2-1 to vacate U.S. District Judge Sara Ellis’ preliminary injunction, calling it “constitutionally suspect.”

Attorney General Pam Bondi celebrated the ruling on X.

"Tonight the @thejusticedept delivered a huge legal win in the 7th Circuit for President Trump in support of Operation Midway Blitz — @POTUS's crucial law enforcement surge into Chicago," Bondi posted on X.

"President Trump is trying to protect American citizens while local elected officials REFUSE to do so. @thejusticedept attorneys were proud to argue this case. We will continue fighting and WINNING for the President's law-and-order agenda."

Last October, journalists and protesters filed a lawsuit against Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) based on allegations that federal agents from their agencies violated their First and Fourth Amendment rights by using physical force, including tear gas, pepper ball launchers and batons, in an effort to break-up demonstrations.

Ellis issued a preliminary injunction on the Trump administration’s use-of-force amid Operation Blitz, leading the Trump administration to appeal the decision.

But the plaintiffs of the lawsuit called on Ellis to dismiss the case altogether, which she did. Ellis’ decision to dismiss the case altogether garnered particular scrutiny from the federal appeals court claiming she did so “without prejudice.”

“Because the district court dismissed this case without prejudice — against the plaintiffs’ unopposed request for a dismissal with prejudice — any class members or the lead plaintiffs could refile these claims tomorrow,” the majority opinion stated. “They could ask the district court to reinstate a near-identical preliminary injunction, adopting the facts and legal reasoning from the district court’s order.”

The District Appeals Court also ordered that Ellis’ preliminary injunction be wiped clean, known as a “vacatur.” The judges’ did this to “ensure the district court’s injunction order does not affect future litigation.”

The Appeals Court ruling comes a day after Trump fired Department of Homeland Security Kristi Noem. She is being replaced by Sen. Markwayne Mullin (R-OK).