The U.S. Department of Homeland Security on Friday requested that a Ninth Circuit panel pause a preliminary injunction barring federal agents from using excessive force against journalists and peaceful protesters during demonstrations in Southern California. The injunction, issued in September by U.S. District Judge Hernán Vera, covers journalists, legal observers, and protesters who do not pose a threat, following lawsuits brought by the LA Press Club and others.
Government attorney Michael Shih argued that the injunction is overbroad and places unworkable restrictions on federal law enforcement, and should be stayed while the case is on appeal. The appellate judges expressed concern that the order may conflict with a recent U.S. Supreme Court ruling limiting injunctions to the actual plaintiffs named in a lawsuit. Attorneys for the LA Press Club countered that narrowing the injunction to just the named protesters would leave them vulnerable, as they could still be subject to excessive force in public demonstrations.
The case stems from protests that erupted across Los Angeles County in response to ICE enforcement raids targeting Latino-looking workers earlier this year. Federal officers, including those from ICE, Customs and Border Protection, and the Federal Protective Services, were accused of using pepper balls, rubber bullets, tear gas, and other crowd-control measures indiscriminately, sometimes hitting journalists and local officials. Videos of incidents, including one in which Australian reporter Lauren Tomasi was struck in the back with a rubber bullet, drew international attention and condemnation. The appellate panel, which includes judges appointed by Trump, Clinton, and Obama, has not yet ruled on the government’s request, calling the case “challenging” and indicating they will issue a decision as soon as possible.