Federal judge restricts federal agents using projectiles in interactions with media and protesters

Robert McCoppin, Chicago Tribune on Oct 9, 2025

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CHICAGO — A federal judge has ruled that federal agents violated the rights of news reporters and protesters responding to immigration arrests in Chicago, and restricted future actions against them.

U.S. District Judge Sara Ellis Thursday issued a restraining order and forbid federal agents from firing tear gas and other projectiles at peaceful protesters, clergy or journalists unless they pose an immediate threat of physical harm to a person, and to stop dispersing people if they have a lawful right to be at a location.

The ruling does not specifically apply to the National Guard that has been deployed to federal sites, but the judge said she did not want the Guard to do a “work around” of the order.

“The actions taken by some of those federal agents clearly violated the Constitution,” the judge said. “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.”

An attorney for the U.S. Department of Justice, Sean Skedzielewski, objected to the temporary restraining order, and told the judge that the order “will be unworkable and will cause a lot of problems.”

The ruling came in response to a lawsuit filed 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 order only applies in the northern court district of Illinois, and did not apply to President Donald Trump, who was named in the suit.

The suit claimed federal agents used brutality and excessive force against reporters and protesters. While some lawlessness has occurred, the judge said, she cited several examples of alleged unprovoked attacks by federal agents..

One protester, Leigh Kunkel, said in a court filing she was peacefully protesting when she was shot with pepper balls in the back of the head and nose, bloodying her face. She said federal agents fired pepper balls at protesters taking a break and drinking water, and threw her fiancee to the ground, causing him pain from breathing ever since.

Journalists reported being singled out for detention, being shot by projectiles, and exposed to gas pellets. A minister in clerical garb said he was shot at and gassed while praying in front of the facility.

In response, federal agents filed declarations in court that protesters have attacked them.

Protesters blocked access to the Immigration and Customs Enforcement (ICE) facility in west suburban Broadview, vandalizing the building and vehicles there, and jumping on the hood of moving vehicles to stop them to slash their tires, ICE Field Officer Director Russell Hott wrote.

More than thirty officers have been injured during the assaults on law enforcement, including a torn ACL, a beard ripped from an officer’s face, multiple lacerations, cuts, and bruises, multiple hospitalizations, and a hyper-extended knee from an officer being tackled by a rioter at the legs, Hott wrote. One agent was followed home and confronted, and his car broken into and weapon stolen.

Media attorneys said a similar order has been in place for federal agents in Los Angeles for a month without issue.

ICE used more than $100,000 worth of less lethal munitions and chemicals for crowd control in two weeks in September, Hott wrote, and arrested approximately fifty “rioters and obstructionists” for assault, obstruction, trespassing, and other charges.

“The Chicago Headline Club stood up for the First Amendment, and the judge delivered a significant victory for press freedom,” the club’s board of directors said in a written statement.

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