ACLU Claims Tear Gas Use on Anti-ICE Protesters Was Unjustified

UPDATE: In a heated court hearing on October 24, 2025, the American Civil Liberties Union (ACLU) and other legal advocates argued that the use of tear gas against anti-ICE protesters in Chicago, Illinois, was unwarranted and excessive. This urgent legal battle centers on allegations that protesters were met with crowd control measures while they were allegedly throwing rocks and fireworks at law enforcement.

The Department of Homeland Security (DHS) confirmed that the incident began Thursday morning when protesters obstructed immigration agents’ path. Tensions escalated as demonstrators reportedly hurled hard objects, prompting law enforcement to deploy “chemical munitions” to disperse the crowd. In a statement, the DHS characterized the actions of the protesters as “a mob of RIOTERS” who endangered agents’ safety.

Attorneys representing the protesters highlighted that the use of gas violated a court order issued on October 17, which prohibited such actions except in cases where agents’ safety was at risk. They argued that the law enforcement response was “without justification” and emphasized the need for immediate judicial intervention.

“We wanted to bring it to the Court’s attention as soon as possible given the flagrancy of the apparent violation,”

the lawyers stated in their filing to U.S. District Judge Sara Ellis. They are urging the court to take appropriate action regarding the situation.

The DHS reported that law enforcement was compelled to act after protesters boxed in agents with a truck and began shooting at them with commercial-grade fireworks. A Border Patrol official was struck in the head during the chaos, increasing the urgency of the situation. The agency defended its actions, asserting that the use of tear gas adhered to established protocols and was necessary for the safety of all involved.

Protesters, journalists, and media organizations, including the Illinois Press Association, filed the lawsuit against top federal officials on October 6, claiming that their First Amendment rights were being violated amid a pattern of excessive force. They allege that law enforcement has continuously sought to suppress both public dissent and press coverage during these protests.

As this legal dispute unfolds, the ACLU and its allies are pressing for a reevaluation of law enforcement’s conduct and the use of force in protest situations. The implications of this case could set significant precedents regarding the treatment of demonstrators and the rights of citizens to protest peacefully.

The outcome of this lawsuit and the ongoing scrutiny of law enforcement agencies’ tactics in handling protests remain critical issues as the nation grapples with immigration policies and civil liberties. Watch for further updates as this case develops.