CHICAGO — The village of Broadview on Friday filed a federal lawsuit against the U.S. Department of Homeland Security over the security fence constructed around the ICE detention facility that has seen daily protests and federal agents using tear gas and other weapons on crowds.
The suit, which seeks a temporary restraining order and the immediate removal of the 8-foot-tall fence, accused DHS of constructing the fence “in the middle of the night without notice” and physically depriving the village of its right to control its own land.
“The fence also constitutes an immediate public safety hazard, in violation of multiple generally applicable municipal ordinances, as it prevents the village’s emergency service personnel and vehicles from reaching any of the commercial and industrial properties located on the other side of the fence,” the suit stated.
Attached as an exhibit was a letter sent by Broadview Mayor Katrina Thompson to DHS officials on Sept. 26 complaining not only about the fence but the “relentless deployment of tear gas, pepper spray, mace and rubber bullets” outside the facility that she said was harming not only protesters exercising their First Amendment rights but also Broadview police and firefighters working at the scene.
The move came on the same day crowds again protested at the site. No tear gas was used but several people were arrested.
In response, ICE Acting Director Todd Lyons wrote that rioters were “laying siege and interfering with legitimate law enforcement operations” and that the agency had no intention to change its “operational posture.”
“You can either continue to be part of the problem or choose to be part of the solution by directing your police to enforce local ordinances and working with us to remove violent offenders,” Lyons wrote.
A hearing on the temporary restraining order was initially set for Tuesday. On Saturday, however, after Gov. JB Prizker announced that Trump intended to send National Guard troops to Broadview, the attorneys asked that the hearing be held as soon as possible.
“The presence of the National Guard will only exacerbate an already volatile situation,” wrote Charles Huff, an attorney for the village.
In response, lawyers for the Department of Justice wrote there was no emergency that should prompt such a rushed hearing — including any National Guard call-up.
“It is hard to see how such a peace-keeping deployment will make tearing down the fence more of an emergency,” the government’s motion stated.
