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A federal appeals court on Thursday lifted a lower court’s injunction that had restricted immigration agents’ use of force during Operation Midway Blitz, the Trump administration’s major enforcement operation in Chicago.
A three-judge panel of the 7th Circuit U.S. Court of Appeals ruled 2-1 to vacate the district court’s preliminary injunction and dismiss the appeal, saying the lower court had “granted an overbroad, constitutionally suspect injunction.”
Attorney General Pam Bondi called the ruling a “huge legal win” for the Trump administration.
“Tonight the @thejusticedept delivered a huge legal win in the 7th Circuit for President Trump in support of Operation Midway Blitz — @POTUS’s crucial law enforcement surge into Chicago,” she posted on X. “President Trump is trying to protect American citizens while local elected officials REFUSE to do so. @thejusticedept attorneys were proud to argue this case. We will continue fighting and WINNING for the President’s law-and-order agenda.”
Federal immigration authorities increased enforcement efforts as part of Operation Midway Blitz last fall in Chicago, leading to violent clashes between protesters and officers.
In October, protesters and journalists sued several federal agencies, arguing that Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and the Department of Homeland Security (DHS) violated their First and Fourth Amendment rights by using tear gas and other chemical agents to break up demonstrations.
The district court sided with the plaintiffs and issued a preliminary injunction regulating federal immigration enforcement efforts. The federal government appealed.
DHS: CHICAGO CRIME DROPS SHARPLY AFTER FEDERAL OPERATION TARGETING CRIMINAL ILLEGAL IMMIGRANTS
The plaintiffs later asked the district court to dismiss the case, noting that Operation Midway Blitz had wound down. U.S. District Judge Sara Ellis granted the motion in January.
The majority opinion criticized Ellis’ decision to dismiss the case “without prejudice,” which allows it to potentially be refiled.
“Because the district court dismissed this case without prejudice—against the plaintiffs’ unopposed request for a dismissal with prejudice—any class members or the lead plaintiffs could refile these claims tomorrow,” they wrote. “They could ask the district court to reinstate a near-identical preliminary injunction, adopting the facts and legal reasoning from the district court’s order.”
The 7th Circuit also ordered “vacatur,” effectively nullifying Ellis’ prior injunction.
The judges said vacatur is the “best way to wipe the slate clean” and is “proper to ensure the district court’s injunction order does not affect future litigation.”
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