U.S. Senate Democratic Whip Dick Durbin and Senator Tammy Duckworth, both representing Illinois, have submitted a criminal referral to the Department of Justice regarding alleged unconstitutional immigration enforcement activities by Trump Administration officials and federal law enforcement agents in Illinois.
The referral is directed to Attorney General Pam Bondi and centers on actions taken during “Operation Midway Blitz.” The senators allege that these actions involved repeated violations of constitutional rights, particularly the Fourth Amendment, through warrantless arrests and excessive use of force. They cite 18 U.S.C. § 242, which makes it a federal crime for anyone acting under color of law to willfully deprive another person of their constitutional rights.
In their letter to the Department of Justice, Durbin and Duckworth wrote: “We write to alert the Department of Justice to potential violations of law by federal immigration agents and senior Administration officials during implementation of President Trump’s mass deportation campaign—and specifically the so-called ‘Operation Midway Blitz’ in Illinois. This enforcement campaign—defined by use of excessive force and warrantless arrests—has reached multiple states and is intentionally creating fear and havoc in cities such as Chicago, Los Angeles, Charlotte, New Orleans, and Minneapolis. As indicated by agency leadership, U.S. Customs and Border Protection (CBP) is working with U.S. Immigration and Customs Enforcement (ICE) in operations in more than 27 cities and looking to expand their interior operations.”
They continued: “During ‘Operation Midway Blitz’, federal immigration agents have violated the Fourth Amendment by conducting warrantless arrests and use of excessive force as they violently confront individuals, including U.S. citizens, during immigration enforcement operations. They have shoved Chicagoans, including U.S. citizens, into unmarked vehicles, tased them, punched them, launched pepper balls at them, and tear gassed and shot them.”
The senators provided details about incidents where agents broke car windows during arrests—at least 50 documented cases within six months compared to eight over the previous decade—and described injuries resulting from physical confrontations that required medical attention. Video evidence and eyewitness accounts were cited as supporting documentation.
Additionally, they reported that chemical agents such as tear gas had been used against journalists, peaceful protesters—including clergy—and community members. These actions reportedly affected vulnerable groups such as children, pregnant women, elderly people, as well as motorists.
One incident described involved a U.S. citizen who was tased in the face after attempting to prevent an agent from opening his car door.
Senior Trump Administration officials are accused by the senators of approving or encouraging these practices. In an October deposition referenced in their letter, Gregory Bovino—a senior Border Patrol agent overseeing Midway Blitz—stated: “The use of force that I’ve seen has been exemplary—the least amount of force necessary to accomplish the mission.” He added: “If someone strays into a pepper ball, then that’s on them. Don’t protest and don’t trespass.”
Legal challenges are ongoing; a federal judge in Illinois issued an injunction prohibiting certain uses of force at specific locations unless there is an imminent threat to agents’ safety. However, according to Durbin and Duckworth’s letter, some agents continued these practices despite court orders.
“As you have previously noted,” wrote the senators in closing their letter to DOJ leadership: “‘No one is above the law.’ We agree, and that’s why we urge the Department of Justice to set aside partisan politics and immediately investigate the potential violations of Section 242 outlined above.”
They concluded: “Senator Durbin has directed Senate Judiciary Committee minority staff to continue gathering evidence of potential violations of Section 242 and other federal laws, and we will provide this evidence to the Department in due course. Federal law enforcement officers participating in ‘Operation Midway Blitz’ and other unnecessarily aggressive immigration enforcement activities throughout the United States...should be on notice that we are closely monitoring such activities and that they can be held accountable for violating individuals’ constitutional rights.”
The Senate Judiciary Committee plays a key role in shaping national policy related to constitutional protections through its legislative oversight responsibilities (https://www.judiciary.senate.gov/). It reviews legislation affecting civil liberties while overseeing federal law enforcement agencies (https://www.judiciary.senate.gov/). The committee also evaluates judicial nominations with an aim toward upholding constitutional standards (https://www.judiciary.senate.gov/).
A copy of Durbin's letter is available online.
