Judge issues injunction on DHS use of force

Agents can only use force under the ‘immediate threat of physical harm’

Protesters gather outside the Everett McKinley Dirksen United States Courthouse in downtown Chicago, demanding accountability and punishment for Gregory Bovino, Commander-at-large of the U.S. Border Patrol who failed to appear in person for his scheduled court proceedings, on November 5, 2025 in Chicago, Illinois.
Protesters gather in downtown Chicago to demand accountability from DHS
(Image credit: Jack Boczarski / Anadolu / Getty Images)

What happened

U.S. District Judge Sara Ellis Thursday issued a heavily anticipated injunction against the Department of Homeland Security’s use of force during Operation Midway Blitz in Chicago. Her ruling bars DHS agents from using tear gas and other crowd-control weapons unless doing so would be “necessary” to stop the “immediate threat of physical harm.”

Who said what

The injunction refines and “extends” the temporary restrictions Ellis put in place against DHS last month, said The New York Times. Among other measures, yesterday’s ruling requires agents to “wear body cameras” and “give at least two audible warnings” before using crowd-control weaponry. “I see little reason for the use of force that the federal agents are currently using,” said Ellis. It “shocks the conscience.”

Delivering her ruling, the judge listed a “litany of incidents” in which civilians in Chicago were “tear-gassed ‘indiscriminately’, beaten and tackled by agents and struck in the face with pepper-spray balls,” said the Chicago Tribune. Ellis also accused Border Patrol Commander Gregory Bovino of giving evidence in his deposition testimony that she said was “simply not credible.” Justice Department attorneys had attempted to frame the case as “allowing law enforcement to do its job in the face of agitators who conflate constitutional rights with violent action,” said the Tribune.

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What next?

Speaking from the bench before issuing her order, Ellis said that DHS’s illegal conduct showed “no signs of stopping.” The Trump administration was expected to appeal the ruling.

Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.