Federal judge orders Illinois ICE facility to remove fencing despite violent riots, attacks on agents

US District Judge LaShonda Hunt, a Biden-appointed judge in Illinois, ruled on Thursday that the Department of Homeland Security must remove a fence that was erected outside of the facility in late September. The order stated that the fence "runs across the entirety of Beach Street blocking access to the government and commercial buildings located near the cul-de-sac, including the processing facility."

"DHS installed the fence without any permit or warning to the Village. The fence’s gate is secured by a padlock and manually operated by DHS, which means passing through the fence is contingent on DHS approval."

Broadview’s mayor, Katrina Thompson, had sent a letter to Chicago ICE Field Director Russell Hott ordering that the "illegally constructed" fence be dismantled because it prevents "Broadview Fire Department access to the area in case of emergency." DHS refused to remove the fence until the "unlawful assemblies" seen at the facility cease. In response, Broadview filed a lawsuit arguing that the fence violates state and federal law.

Judge Hunt said that Broadview was likely to succeed on its claims and that Broadview "has shown irreparable harm in that the construction of a fence controlled by the Federal Defendants on the Village’s property prevents the Village from protecting the health, safety, and welfare of the public."

The judge added later in the order, "Under these circumstances, the Court concludes that because the persistent protests are a direct response to the Federal Defendants’ ongoing operations, there is no reason to believe that they will end and that the fence will be voluntarily removed any time soon. As such, the Federal Defendant’s argument that their decision is not final holds little weight. Just as the increased immigration enforcement operations at Broadview do not appear to be temporary, neither do the protests nor the fence to control the protestors.

Hunt wrote that "DHS’s Beach Street gate creates a quasi-federal zone where the Village’s ability to respond to emergencies is hindered and only allows it to provide lifesaving services at the whims and fancies of the Federal Defendants … And as noted above, this situation harms the Village because it encroaches on its police power and restricts its ability to protect the health and safety of the public."

Hunt also noted that Deputy Chief Patrol Agent Daniel Parra said in a court filing that obstruction of ICE vehicle access has continued on Harvard Street, on which DHS operates a gate, "even after construction of the Beach Street fence at issue."

"Therefore, even if the illegally constructed fence remains, that is no guarantee that protestors exercising their First Amendment rights will cease their activities near the facility."

The judge ordered that the parties submit their proposals by 2 pm on Friday for the timeline by which the fence should be removed. Per CBS Chicago, Hunt issued an agreed-upon order on Friday afternoon setting a deadline of 11:59 pm on Tuesday.

Broadview ICE Facility Fence Order by Hannah Nightingale