A federal judge in Chicago on Thursday officially dismissed a lawsuit that led to her landmark injunction limiting the use of force by immigration agents during Operation Midway Blitz.
Though U.S. District Judge Sara Ellis agreed to dismiss the case “without prejudice,” which leaves open the possibility that the claims could be reinstated, it marked an anticlimactic end to a case that made national headlines as one of the first to challenge the tactics of immigration officials on the ground.
Ellis’ granting of the plaintiffs’ request to drop the case was largely a foregone conclusion. The judge did, however, press the pause button on making a decision after the fatal shooting of a U.S. citizen in Minneapolis on Jan. 5.
Ellis told the parties at that time she still had concerns over her obligation to protect the class of journalists, clergy and other protesters certified in the lawsuit, noting “if I dismiss this case the preliminary injunction ceases to exist.”
On Thursday, in addition to dismissing the suit, Ellis also decertified the class.
The case brought by the Chicago Headline Club and other media groups led to a sweeping preliminary injunction by Ellis in November limiting the use of tear gas and other chemical munitions against members of the media and protesters and also requiring agents to wear body cameras and clear identification.
The plaintiffs moved to drop the suit last month, however, following ominous signs from the 7th Circuit U.S. Court of Appeals, which called Ellis’ order overbroad and a potential infringement on the separation of powers.
In the request, the plaintiffs claimed victory, saying Bovino and his surge of agents left town soon after Ellis’ injunction was entered on Nov. 8 and that there had been no reports of any unconstitutional behavior by agents in the weeks that followed.
Since then, Bovino and a contingent of Border Patrol agents have already returned once to Chicago, in the form of a seemingly made-for-television jaunt shortly before Christmas. Agents made several arrests in supermarket parking lots and tamale stands while goading angry residents who confronted them and threatening to unleash tear gas.
As recently as Dec. 30, Bovino posted on social media: “If you think we’re done with Chicago, you’d better check yourself before you wreck yourself.”
An attorney for the administration of President Donald Trump said in a hearing Dec. 4 that, contrary to media reports, Operation Midway Blitz has not ended and that the Trump administration continues to carry out “lawful” immigration enforcement — though she declined to say when or if another surge in Border Patrol agents would hit the city.
Department of Justice attorney Elizabeth Hedges also claimed the dismissal of the lawsuit would bar journalists and protesters from bringing similar claims of constitutional violations in the future — an argument that was immediately called out by Ellis and plaintiffs’ attorneys as a misstatement of the law.
“While it was the government’s position that no agent did anything illegal or unconstitutional, having watched the videos, and having read the reports, and having listened to the witnesses, I strongly disagree,” Ellis said.
The Headline Club case came to symbolize the havoc Midway Blitz caused in Chicago and shed light on how the operation was carried out, through sworn depositions by Bovino and other leaders as well as the release of body-camera footage showing agents deploying tear gas, pointing guns from passing cars and tackling civilians on the street.
Ellis had tentatively set a hearing on a permanent injunction for March.
The 7th Circuit later granted an emergency stay of Ellis’ injunctive relief pending appeal, a process that will also be shelved once the dismissal is approved.
jmeisner@chicagotribune.com
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/tronc/Y3NVLQ7MXBCQDC2OCNFO45TPTQ.jpg)
