U.S. District Judge Sara Ellis warns that Homeland Security employees involved in Operation Midway Blitz may be ordered to surrender personal phones for inspection as litigation proceeds.
The courtroom in Chicago grew quiet on Thursday as U.S. District Judge Sara Ellis issued a sharp warning to the Department of Homeland Security: personal devices used for government business will not remain private if the legal challenge against Operation Midway Blitz moves forward.
While Ellis has not yet ruled on whether the lawsuit filed by Illinois and Chicago can proceed. she signaled that she is prepared to order federal agents to surrender their personal phones for forensic imaging. The lawsuit alleges the federal deportation campaign was designed to coerce local authorities into assisting with aggressive immigration enforcement.
Ellis made it clear that she would not permit agents to evade discovery by claiming the devices are private. “What I won’t allow to happen is for people to hide behind saying that ‘these are our personal phones. ’ when they are being used as work phones. ” Ellis said. She noted that agency directives explicitly forbid using personal devices for official work.
Evidence of the government’s reliance on these devices has already created a trail of missing information. Justice Department attorneys Lee Reeves and Jonathan Robbins acknowledged that former U.S. Border Patrol Cmdr. Gregory Bovino reported his work phone lost in January while traveling between Minnesota and South Dakota. Despite a search by U.S. Customs and Border Protection at the device’s last known location. the phone remains unrecovered. though officials say the data was backed up online.
Bovino also reportedly refused to surrender his personal phone for a separate review ordered by a federal judge in California. claiming it contained no work-related data. For Illinois attorney Vikas Didwania. this leaves few options other than seeking the information from the people who were communicating with the former commander.
The judge’s skepticism toward federal officials is rooted in past experience. During litigation last fall over the use of force during Midway Blitz. Ellis ordered Bovino into her courtroom for a week of testimony. A federal appeals court later intervened. ruling that the order violated the separation of powers and vacating a preliminary injunction Ellis had issued regarding the agents’ use of force. That case concluded in January, but the tension remains palpable. Referring to her history with the former commander, Ellis stated, “I have a hard time crediting what Mr. Bovino says. It’s documented that he has a hard time telling the truth, even when he’s under oath.”.
A government lawyer warned Ellis that any attempt to seize personal phones would face stiff resistance. citing similar challenges during the administration’s Operation At Large in California. Ellis acknowledged the potential for a battle but insisted that the truth-seeking process would not be obstructed. “Anyone currently employed by DHS. CBP and ICE who was working. assigned to Operation Midway Blitz. that they will need to turn over their personal phones to be imaged. ” she said. She added that she would be open to hearing arguments for less intrusive methods to retrieve the data. but emphasized. “We’re going to get this information.”.
Ellis is scheduled to rule on the government’s motion to dismiss the lawsuit on November 17.
Operation Midway Blitz Sara Ellis Gregory Bovino Homeland Security Chicago deportation lawsuit