A federal judge in Chicago on Thursday expressed deep concern that immigration agents may be violating her orders restricting the use of tear gas on media and protesters. She ordered the field director for Immigration and Customs Enforcement (ICE) to appear in court to answer questions.

U.S. District Judge Sarah Ellis also modified the temporary restraining order (TRO) issued last week to require any body-worn cameras used by agents during encounters with the public to be turned on.

### Judge Raises Concerns Over Recent Clashes

During an hourlong hearing on Thursday, Judge Ellis addressed alleged violations by immigration officers in recent incidents, including one on Chicago’s East Side. In that event, agents used a controversial and potentially dangerous maneuver to disable a fleeing vehicle and subsequently deployed tear gas during a tense gathering at the scene. A Department of Homeland Security spokeswoman claimed that protesters threw rocks at officers.

“I am profoundly concerned about what has been happening over the last week, since I entered this order,” Ellis said.

The judge ordered ICE Field Director Russell Hott to appear in court on Monday to update her on how federal agencies are adapting to comply with her orders.

“If everybody kind of follows what’s outlined in this TRO, conforms their decisions and behavior to what the Constitution demands, then, you know, all copacetic and we can go on and live our lives,” Ellis added.

### Background: Temporary Restraining Order and Lawsuit

This hearing comes a week after Ellis ruled that federal agents violated the rights of news reporters and protesters responding to immigration arrests in Chicago. She imposed restrictions on future actions against these groups.

The restraining order forbids agents from firing tear gas and other projectiles at peaceful protesters, clergy, or journalists unless there is an immediate threat of physical harm, and only after issuing warnings. Additionally, agents are ordered to stop dispersing people who have a lawful right to be at a location.

“The actions taken by some of those federal agents clearly violated the Constitution,” the judge stated in her ruling. “Individuals are allowed to protest. They are allowed to speak. That is guaranteed by the First Amendment to our Constitution, and it is a bedrock right that upholds our democracy.”

### Government Response and Ongoing Litigation

Attorneys for the U.S. Department of Justice have objected to the temporary restraining order, arguing that it “will be unworkable and will cause a lot of problems.”

The ruling followed a lawsuit filed by the Chicago Headline Club, journalists’ unions, Block Club Chicago, and other media outlets and reporters against Homeland Security Secretary Kristi Noem and other federal agencies and agents. The suit alleged that federal agents used brutality and excessive force against reporters and protesters.

The order applies only within the northern district of Illinois and does not apply to former President Donald Trump, who was named in the suit.

### Plaintiffs Seek Expedited Discovery

Ahead of Thursday’s hearing, the plaintiffs filed a motion requesting expedited discovery ahead of a full injunction hearing scheduled for next week. The motion stated that both sides discussed potential violations of the TRO, noting that “federal officers appear to be using violence, tear gas, and other munitions against protestors and journalists.”

“Young children and even babies appear to have been subjected to the indiscriminate use of tear gas by defendants’ officers,” the motion said. It also noted concerns that “defendants’ agents are not consistently wearing prominently displayed visible identification.”

The government, according to the motion, “believes the TRO has not been violated at all.”

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https://www.chicagotribune.com/2025/10/16/judge-orders-ice-field-director-into-court-tear-gas/