Judge demands answers from federal authorities on continued use of tear gas in Chicago area

A federal judge ordered that immigration agents can’t use tear gas on journalists and protesters who pose no threat — yet the incidents have continued.

CHICAGO — A federal judge in Chicago questioned immigration authorities Monday about whether they violated a court order by continuing to use tear gas and violent tactics against protesters and journalists in the area.

U.S. District Judge Sara Ellis of the Northern District of Illinois previously ruled that immigration agents were not allowed to use tear gas on journalists and protesters who pose no threat — yet the incidents have continued, drawing a rebuke from Ellis. She has also ordered that federal agents wear and use their body cameras.

Immigration enforcement has surged in the Chicago area as part of Operation Midway Blitz, which the Department of Homeland Security said last week has led to more than 1,500 arrests across Illinois. DHS did not immediately respond to request for comment about the hearing.

The judge asked Kyle C. Harvick, a Customs and Border Protection official who testified first Monday, about the CBP agents’ responsibilities, how her previous order disseminated and what training officers have received. She also asked him about specific incidents in which she had concerns about CBP’s tactics, NBC Chicago reported.

“I have a few concerns that the TRO wasn’t being followed,” Ellis said, referring to her previous temporary restraining order.