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Seventh Circuit Vacates Chicago Use-of-Force Limits on Immigration Agents in Midway Blitz Case

The 2–1 ruling employs vacatur to erase the lower court’s order, with the case’s without-prejudice dismissal leaving room for potential refiling.

Overview

  • A 2–1 Seventh Circuit panel vacated U.S. District Judge Sara Ellis’s preliminary injunction that had restricted federal agents during Operation Midway Blitz.
  • Chief Judge Michael Brennan and Judge Michael Scudder formed the majority, calling the injunction overbroad and constitutionally suspect, while Judge Frank Easterbrook dissented.
  • The court dismissed the appeal and ordered vacatur, treating the injunction as if it never existed to prevent it from shaping future litigation.
  • Ellis’s November order had limited tear gas and other chemical munitions and required body cameras and clear identification for agents after media and protesters alleged First and Fourth Amendment violations.
  • Attorney General Pam Bondi praised the decision, which arrived as reports noted DHS leadership changes, including Kristi Noem’s removal, and followed earlier scrutiny tied to Cmdr. Gregory Bovino’s reassignment.