Appeals Court Rebukes Obama-Appointed Judge Over 'Constitutionally Suspect' Ruling Against DHS

The appeals court accused the judge of 'effectively establish[ing] herself as the supervisor of all Executive Branch activity in the city of Chicago'.

Published on Mar. 10, 2026

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A federal appeals court strongly criticized an Obama-appointed judge, Sara Ellis, for issuing a wide-ranging injunction against the Department of Homeland Security's immigration enforcement efforts in Chicago. The appeals court accused Ellis of overstepping her authority and 'effectively establish[ing] herself as the supervisor of all Executive Branch activity in the city of Chicago'.

Why it matters

The case highlights the ongoing tensions between the judicial and executive branches over the enforcement of immigration laws, with the appeals court pushing back against what it saw as an activist judge overstepping her bounds. The ruling could have implications for how federal agencies operate in cities where local officials are at odds with the administration's policies.

The details

In October, Judge Sara Ellis issued an injunction against the DHS's use of crowd-control techniques as part of Operation Midway Blitz, a Trump administration crackdown on illegal immigration and crime in Chicago. Ellis' 233-page ruling sided 'almost entirely with the anti-government position', blocking ICE and Border Patrol agents from using force or dispersing crowds, even granting journalists the right to remain in an area after a dispersal order. The appeals court stayed Ellis' ruling and arranged to hear the case, but the plaintiffs later asked to dismiss the case, allegedly to avoid a precedent-setting loss. However, the appeals court still ruled against Ellis, accusing her of overstepping her authority and setting up potential future problems.

  • In October, Judge Sara Ellis issued a wide-ranging injunction against DHS operations in Chicago.
  • In November, Ellis issued a 233-page ruling supporting her injunction and criticizing DHS.
  • In December, the plaintiffs asked Ellis to dismiss the case, allegedly to avoid a loss on appeal.

The players

Judge Sara Ellis

An Obama-appointed federal judge who issued a sweeping injunction against DHS immigration enforcement efforts in Chicago.

Gary Bovino

The then-head of DHS operations in Chicago who was ordered by Ellis to appear before her daily to explain the agency's compliance.

Department of Homeland Security (DHS)

The federal agency whose immigration enforcement efforts in Chicago were targeted by Judge Ellis' injunction.

Jonathan Turley

A constitutional law professor who called the appeals court's ruling a 'haymaker' to the activist judge.

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What they’re saying

“The Seventh Circuit just delivered a haymaker to Obama-appointee Judge Sara Ellis for her efforts to limit federal enforcement of immigration laws. It accused her of 'effectively establish[ing]' herself 'as the supervisor of all Executive Branch activity in the city of Chicago'.”

— Jonathan Turley, Constitutional Law Professor (Twitter)

What’s next

The appeals court's ruling means the plaintiffs can refile the case in federal court and attempt to reimpose the injunction against DHS operations in Chicago.

The takeaway

This case highlights the ongoing tensions between the judicial and executive branches over immigration enforcement, with the appeals court pushing back against what it saw as an activist judge overstepping her authority. The ruling could have broader implications for how federal agencies operate in cities where local officials are at odds with the administration's policies.