A federal judge on Thursday said she is "profoundly concerned” with the apparent violations by federal agents of a temporary restraining order she issued last week imposing restrictions on the use of tear gas and other riot control weapons against journalists and protestors in Chicago.
Judge Sara Ellis of the U.S. District Court for the Northern District of Illinois ordered Russell Hott, director of the Immigration and Customs Enforcement Field Office in Chicago, to appear before her on Monday to answer questions about a number of incidents over the last several days in which agents have clashed with residents and protestors.
Ellis said she is also expanding her temporary restraining order to include a requirement for federal agents equipped with body-worn cameras to wear them and keep them on during "law enforcement activities" in Chicago.
The judge said she was particularly concerned about an incident that occurred on Tuesday in a residential neighborhood on the Southeast Side of Chicago, in which Border Patrol agents were involved in a vehicle crash while chasing a man they alleged had rammed their vehicle and was in the country illegally.
During the incident, federal agents deployed tear gas on a crowd of residents drawn to the crash. A 19-year-old U.S. citizen, Warren King, was also detained during the incident.
King told ABC News that he was shopping in a store in the southeast side neighborhood when agents confronted him as he exited, tackling him to the ground and detaining him for several hours despite him and others around him telling them that he was an American citizen.
"We are in an urban, densely populated area, where crowds are going to converge when there's a commotion, where appropriate crowd control is important," said Ellis, adding that the Chicago Police Department has protocols on when to call off chases in residential neighborhoods.
"Underlying all of these policies is that everyone has to abide by their constitutional obligations," Ellis said. "I am profoundly concerned with what is happening over the last week since I entered this order."
Sean Skedzielewski, an attorney representing the Department of Homeland Security, said during Thursday's hearing that Ellis does not have all the facts on these incidents and is relying on inaccurate news reports. But Skedzielewski provided no information on the Southeast Side incident.
Skedzielewski also said that not all agents have been issued body cameras and that rolling out a costly program to provide the cameras presents a challenge, given the ongoing government shutdown.
"Numbers of [agents] are changing daily. Considering the lapse of appropriations we're dealing with, I don't think we would be able to roll out a body cam program for ICE," Skedzielewski said.
Ellis responded that having the camera is important for government accountability and to ensure her orders are being followed.
"Frankly, Mr. Skedzielewski, this is going to help the agency [DHS/ICE]," Ellis said. "If there are issues, or I have a concern or plaintiffs' counsel has a concern, that we think there's a violation, we can go back to the cameras."
The case that prompted Ellis's temporary restraining order was filed last week against the Department of Justice, the DHS, and other federal entities by a group of journalists and religious leaders, alleging that the federal agents had "shot, gassed, and detained individuals engaged in cherished and protected activities."
"Never in modern times has the federal government undermined bedrock constitutional protections on this scale or usurped states' police power by directing federal agents to carry out an illegal mission against the people for the government’s own benefit," the complaint alleged.
The Southeast Side incident is the latest in a string of incidents that have outraged Chicago's elected leaders and community groups.
Illinois Gov. JB Pritzker has said the federal immigration crackdown in Chicago is "creating mayhem."
On Thursday afternoon, Pritzker told reporters that Judge Ellis is "doing the right thing" and accused federal agents of lying about certain incidents.
"I think the judge reacted to that properly by ordering that now ... the federal agents are required to have body cameras on them because they clearly lie about what goes on," Pritzker said. "It's hard for us to know right away what the truth is."
Last Friday, Debbie Brockman, an employee for WGN-TV in Chicago, was in the city's North Side walking to work when Border Patrol agents forced her to the ground and handcuffed her, according to her attorney.
DHS alleged that Brockman, a U.S. citizen, was detained because she threw something at the agents. Brockman, who denied the allegations and is considering legal action, was released without being charged, her lawyer said.
"The facts of the case have not changed," Assistant DHS Secretary Tricia McLaughlin said on Thursday of the incident involving Brockman.
McLaughlin said U.S. Border Patrol agents were conducting immigration enforcement operations when "several violent agitators used their vehicles to block in agents in an effort to impede and assault federal officers."
"In fear of public safety and of law enforcement, officers used their service vehicle to strike a suspect’s vehicle and create an opening. As agents were driving, Deborah Brockman, a U.S. citizen, threw objects at Border Patrol’s car and she was placed under arrest for assault on a federal law enforcement officer."
McLaughlin added that the incident reflects a "growing and dangerous trend."
"These attacks highlight the dangers our law enforcement officers face daily -- all while receiving no pay thanks to the Democrats’ government shutdown," McLaughlin said.
On Wednesday, a woman who was shot by Border Patrol agents on the Southwest side of Chicago pleaded not guilty to a single-count indictment charging her with assault on a federal officer with a dangerous or deadly weapon.
DHS officials claimed that 30-year-old Marimar Martinez and a second suspect charged in the Oct. 4 incident, Anthony Ian Santos Ruiz, were part of a caravan that "ambushed" Border Patrol agents, ramming their vehicle and attempting to pin them in. Ruiz also pleaded not guilty on Wednesday to an assault charge.
During an Oct. 6 court hearing, federal prosecutor Sean Hennessy alleged that when the Border Patrol agents got out of their vehicle, "Ms. Martinez drove toward one of them," prompting the agent to open fire.
But Martinez's attorney, Christopher Parente, told U.S. Magistrate Judge Heather McShain on Wednesday that he and his client dispute allegations made by the government.
Parente told the court that he had reviewed video from one agent's body-worn camera and contended that what he saw and heard did not align with the government’s allegations.
"I understand they are relying on what the agents are telling them, but the video does not support what is being said," Parente told the court.
Parente claimed that the agent wearing the body-camera was in the rear of the Border Patrol vehicle and could be heard saying, "Do something, bitch" in the moments before the vehicles collided.
"When I watched the video after this agent says, 'Do something, bitch,' I see the driver of this vehicle turn the wheel to the left. Which would be consistent with him running into Ms. Martinez’s vehicle, okay," Parente said. “And then seconds later, he jumps out and just starts shooting."
A DHS statement on the incident emphasized that Martinez "was armed with a semiautomatic weapon and had a history of doxxing federal agents.” The government alleged that the law enforcement officers were "ambushed by domestic terrorists."
However, the criminal complaint filed in Martinez's case made no mention of a weapon, and prosecutors have acknowledged in court that the gun was not displayed or possessed by Martinez, who has a concealed carry permit, during the confrontation. The weapon was discovered in her purse when agents searched her vehicle later, according to court records.
"But [they] just put out that sound bite that she's fully armed and everybody is up in arms that people are attacking these agents with firearms," Parente said in court. "That is just not the truth. That is just not the facts."