By Diana Novak Jones
CHICAGO (Reuters) -Siding with the Trump administration, a U.S. appeals court on Wednesday blocked a judge's order that had restricted how ICE agents could use tear gas and other weapons on people protesting immigration crackdowns in Chicago.
In a brief opinion, the Chicago-based 7th U.S. Circuit Court of Appeals granted the government’s emergency request to pause the order, which required federal immigration agents to give warnings before deploying tear gas and other weapons. The order had also barred agents from arresting or dispersing journalists and required agents to wear body cameras and clear identification.
The court agreed with the government that the judge’s order impermissibly micromanaged federal law enforcement in Chicago, saying its "practical effect is to enjoin all law enforcement officers within the Executive Branch."
An attorney for the plaintiffs, a group of protesters, journalists and clergy members, declined to comment. Representatives for the U.S. Department of Homeland Security did not immediately respond to a request for comment.
U.S. District Judge Sara Ellis in Chicago issued the order on November 6 after siding with the plaintiffs, who claimed they were being specifically targeted for violence in violation of their rights to free speech, free assembly and religious freedom under the U.S. Constitution.
Ellis made the ruling after hearing hours of testimony from protesters, journalists and clergy members who spoke about violence they experienced during protests outside an immigration detention facility in Broadview, Illinois, and on residential streets in Chicago. Multiple people testified that agents had aimed guns at their heads after they filmed their activity, and a pastor spoke about being shot in the face with a pepper ball while praying. Ellis also heard from federal immigration agents about what they said was uncontrolled violence directed at federal agents at the protests.
In making her ruling, Ellis said the government’s assertions about violent protesters were not credible. She cited multiple examples where she said federal agents lied about protesters' conduct.
The three-judge panel from the appeals court said Wednesday that while they found Ellis' order infringed on the separation of powers, they were not suggesting that the plaintiffs hadn't made their case. An order more tailored to the constitutional violations the parties alleged might be more appropriate, the panel said.
Trump, a Republican, has made Chicago a focus of his administration's expanded immigration enforcement and deportation efforts since early September. As part of “Operation Midway Blitz,” federal agents have used tear gas in residential areas and forcibly subdued protesters while attempting to arrest people suspected of being in the country illegally.
Trump sent National Guard troops to Chicago in September, but a federal court blocked their deployment on October 16. The U.S. Supreme Court is reviewing that ruling. Defense officials told Reuters on Sunday the Pentagon is withdrawing some National Guard troops from Chicago and Portland, weeks after Trump deployed them to combat what he described as increased crime.
Ellis’ order, which was intended to last until the end of the lawsuit, followed a similar temporary restraining order she issued last month.
The U.S. appeals court’s ruling pauses Ellis’ order until the court can more fully review her reasoning. The panel, which included two appointees of President Donald Trump, said they will put the case on an expedited schedule.
(Reporting by Diana Novak Jones; Editing by Lisa Shumaker and Alexia Garamfalvi)

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