government lawyer

CHICAGO — An appeals court intervened Wednesday and suddenly blocked an order that required a senior Border Patrol official to give unprecedented daily briefings to a judge about immigration sweeps in Chicago.

The one-page suspension by the U.S. 7th Circuit Court of Appeals came before Greg Bovino’s first scheduled, late afternoon meeting with U.S. District Judge Sara Ellis at the courthouse in downtown Chicago.

Ellis had ordered the meetings Tuesday after weeks of tense encounters and increasingly aggressive tactics by government agents working Operation Midway Blitz. It has produced more than 1,800 arrests and complaints of excessive force.

Bovino told Fox News that he was eager to talk to Ellis. But government lawyers, at the same time, were appealing her decision. Lawyers for news outlets and activists who say agents have used too much force, including tear gas, have until 5 p.m. Thursday to respond in the appeals court.

Ellis’ order followed enforcement actions in which tear gas was used, including in a neighborhood where children had gathered for a Halloween parade last weekend on the city’s Northwest Side. Neighbors had joined in the street as someone was arrested.

“Halloween is on Friday,” she said. “I do not want to get violation reports from the plaintiffs that show that agents are out and about on Halloween, where kids are present and tear gas is being deployed.”

Bovino defended agents’ actions.

“If she wants to meet with me every day, then she’s going to see, she’s going to have a very good firsthand look at just how bad things really are on the streets of Chicago,” Bovino told Fox News. “I look forward to meeting with that judge to show her exactly what’s happening and the extreme amount of violence perpetrated against law enforcement here.”

Meanwhile, prosecutors filed charges against Kat Abughazaleh, a Democratic congressional candidate, and five other people over protests at an immigration enforcement building in Broadview, outside Chicago. The indictment, unsealed Wednesday, alleges they illegally blocked an agent’s car on Sept. 26.

Abughazaleh said the prosecution was an “attempt to silence dissent.”

The Chicago court actions came as groups and officials across the country have filed lawsuits aimed at restricting federal deployments of National Guard troops.

President Trump’s administration will remain blocked from deploying troops in the Chicago area until at least the latter half of November, following a U.S. Supreme Court order Wednesday calling on the parties to file additional legal briefs.

The justices indicated they would not act before Nov. 17 on the administration’s emergency appeal to overturn a lower-court ruling that has blocked the troop deployments.

In Portland, Ore., a federal trial seeking to block a troop deployment got underway Wednesday morning with a police commander describing on the witness stand how federal agents at a U.S. Immigration and Customs Enforcement building repeatedly fired tear gas at nonviolent protesters.

In Chicago, Bovino, who is chief of the Border Patrol sector in El Centro, Calif., was to sit for a daily 5:45 p.m. briefing to report how his agents are enforcing the law and whether they are staying within constitutional bounds, Ellis said. The check-ins were to take place until a Nov. 5 hearing.

Ellis also demanded that Bovino produce all use-of-force reports since Sept. 2 from agents involved in Operation Midway Blitz.

The judge expressed confidence Tuesday that the check-ins would prevent excessive use of force in Chicago neighborhoods.

Ellis previously ordered agents to wear badges, and she has banned them from using certain riot control techniques against peaceful protesters and journalists. She subsequently required body cameras after the use of tear gas raised concerns that agents were not following her initial order.

Ellis set a Friday deadline for Bovino to get a camera and to complete training.

Lawyers for the government have repeatedly defended the actions of agents, including those from U.S. Immigration and Customs Enforcement, and told the judge that videos and other portrayals of enforcement actions have been one-sided.

Besides his court appearance, Bovino still must sit for a videotaped Thursday deposition, an interview in private, with lawyers from both sides.

Fernando writes for the Associated Press.

SAN FRANCISCO — A federal judge in California has blocked the Trump administration from enforcing anti-diversity and anti-transgender executive orders in grant funding requirements that LGBTQ+ organizations say are unconstitutional.

U.S. District Judge Jon Tigar said Monday that the federal government cannot force recipients to halt programs that promote diversity, equity and inclusion or acknowledge the existence of transgender people in order to receive grant funding. The order will remain in effect while the legal case continues, although government lawyers will likely appeal.

The funding provisions “reflect an effort to censor constitutionally protected speech and services promoting DEI and recognizing the existence of transgender individuals,” Tigar wrote.

He went on to say that the executive branch must still be bound by the Constitution in shaping its agenda and that even in the context of federal subsidies, “it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous.”

The plaintiffs include health centers, LGBTQ+ services groups and the Gay Lesbian Bisexual Transgender Historical Society. All receive federal funding and say they cannot complete their missions by following the president’s executive orders.

The San Francisco AIDS Foundation, one of the plaintiffs, said in 2023 it received a five-year grant from the Centers for Disease Control and Prevention to expand and enhance sexual health services, including the prevention of sexually transmitted infections. The $1.3 million project specifically targets communities disproportionately affected by sexual health disparities.

But in April, the CDC informed the nonprofit that it must “immediately terminate all programs, personnel, activities, or contracts” that promote DEI or gender ideology.

President Trump has signed a flurry of executive orders since taking office in January, including ones to roll back transgender protections and stop DEI programs. Lawyers for the government say that the president is permitted to “align government funding and enforcement strategies” with his policies.

Plaintiffs say that Congress — and not the president — has the power to condition how federal funds are used, and that the executive orders restrict free speech rights.

Har writes for the Associated Press.

The man just had his immigration case dismissed and his wife and 8-year-old son were trailing behind him when agents surrounded, then handcuffed him outside the downtown Los Angeles courtroom.

Erick Eduardo Fonseca Solorzano stood speechless. His wife trembled in panic. The federal agents explained in Spanish that he would be put into expedited removal proceedings.

Just moments earlier on Friday, Judge Peter A. Kim had issued a dismissal of his deportation case. Now his son watched in wide-eyed disbelief as agents quickly shuffled him to a service elevator — and he was gone. The boy was silent, sticking close by his mother, tears welling.

“This kid will be traumatized for life,” said Lindsay Toczylowski, chief executive and co-founder of Immigrant Defenders Law Center, who reached out to the family to help them with their case.

A child who’s father was detained by ICE after a court hearing stands inside the North Los Angeles Street Immigration Court on Friday.

(Carlin Stiehl/Los Angeles Times)

Similar scenes are taking place across the country as the Department of Homeland Security asks to dismiss its own deportation cases, after which agents promptly arrest the immigrants to pursue expedited removals, which require no hearings before a judge.

The courthouse arrests escalate the Trump administration’s efforts to speed up deportations. Migrants who can’t prove they have been in the U.S. for more than two years are eligible to be deported without a judicial hearing. Historically, these expedited removals were done only at the border, but the administration has sought to expand their use.

The policies are being challenged in court.

“Secretary [Kristi] Noem is reversing Biden’s catch-and-release policy that allowed millions of unvetted illegal aliens to be let loose on American streets,” said a senior official from the Department of Homeland Security.

The official said most immigrants who entered the U.S. illegally within the last two years “are subject to expedited removals.” But he noted that if they have a valid credible fear claim, as required by law, they will continue in immigration proceedings.

Toczylowski said it was Fonseca Solorzano’s first appearance in court. Like many of those apprehended this week, Fonseca Solorzano arrived in the United States from Honduras via CPB One, an application set up during the Biden administration that provided asylum seekers a way to enter the country legally after going through a background check.

Erendira De La Riva, left, Sarai De La Riva and Maria Elena De La Riva speak to the media Friday about the status of Alvaro De La Riva, who was detained the previous night by ICE and taken to the North Los Angeles Street Immigration Court.

(Carlin Stiehl/Los Angeles Times)

More than 900,000 people were allowed in the country on immigration parole under the app, starting in January 2023. The Trump administration has turned the tool into a self-deportation app.

“We are punishing the people who are following the rules, who are doing what the government asks them to do,” Toczylowski said.

“I think that this practice certainly seemed to have shaken up some of the court staff, because it’s so unusual and because it’s such bad policy to be doing this, considering who it targets and the ripple effects that it will have, it’ll cause people to be afraid to come to court.”

A Times reporter witnessed three arrests on Friday in the windowless court hallways on the eighth floor of the Federal Building downtown. An agent in plain clothes in the courtroom came out to signal to agents in the hallway, one wearing a red flannel shirt, when an immigrant subject to detainment was about to exit.

“No, please,” cried Gabby Gaitan, as half a dozen agents swarmed her boyfriend and handcuffed him. His manila folder of documents spilled onto the floor. She crumpled to the ground in tears. “Where are they taking him?”

Richard Pulido, a 25-year-old Venezuelan, had arrived at the border last fall and was appearing for the first time, she said. He had been scared about attending the court hearing, but she told him missing it would make his situation worse.

Gaitan said Pulido came to the U.S. last September after fleeing violence in his home country.

An immigrant from Kazakhstan, who asked the judge not to dismiss his case without success, walked out of the courtroom. On a bench across from the doors, two immigration agents nodded at each other and one mouthed, “Let’s go.”

They stood quickly and called out to the man. They directed him off to the side and behind doors that led to a service elevator. He looked defeated, head bowed, as they searched him, handcuffed him and shuffled him into the service elevator.

Lawyers, who were at courthouses in Santa Ana and Los Angeles this week, say it appears that the effort was highly coordinated between Homeland Security lawyers and federal agents. Families and lawyers have described similar accounts in Miami, Seattle, New York, San Diego, Chicago and elsewhere.

During the hearing for Pulido, Homeland Security lawyer Carolyn Marie Thompkins explicitly stated why she was asking to dismiss the removal proceedings.

“The government intends to pursue expedited removal in this case,” she said. Pulido appeared confused as to what a dismissal would mean and asked the judge for clarity. Pulido opposed having his case dropped.

“I feel that I can contribute a lot to this country,” he said.

Kim said it was not enough and dismissed the case.

People line up outside the North Los Angeles Street Immigration Court before hearings on Friday.

(Carlin Stiehl/Los Angeles Times)

The courthouse arrests have frustrated immigrant rights advocates who say the rules of the game are changing daily for migrants trying to work within the system.

“Immigration court should be a place where people go to present their claims for relief, have them assessed, get an up or down on whether they can stay and have that done in a way that affords them due process,” said Talia Inlender, deputy director at the Center for Immigration Law and Policy at UCLA School of Law School. “That is being ripped away sort of at every turn.

“It’s another attempt by the Trump administration to stoke fear in the community. And it specifically appears to be targeting people who are doing the right thing, following exactly what the government has asked them to do,” she said.