In June 2023, during heightened immigration enforcement efforts by the Trump administration, a nurse in Portland, Oregon, sustained serious injuries from a tear gas canister fired by federal agents while protesting at a detention facility. This incident highlights a troubling trend, as federal agents have increasingly employed crowd control weapons, such as rubber bullets and tear gas, against both citizens and noncitizens during protests. Experts have expressed concerns that these actions may violate legal standards, as such weapons are intended for use in situations involving imminent threats, not against peaceful demonstrators.

A review by ProPublica and FRONTLINE uncovered multiple instances where federal agents appeared to disregard guidelines prohibiting targeting sensitive areas like the head and neck. Reports from various locations, including Southern California and Chicago, documented excessive force used against individuals posing no immediate threat, including journalists and religious leaders. Christy Lopez, a former civil rights attorney at the Department of Justice, emphasized that the observed excessive use of force warrants investigation for potential criminal conduct, given the serious injuries and long-term health consequences associated with crowd control weapons.

The Department of Homeland Security (DHS) defended its agents, asserting they are trained to use the minimum necessary force. However, manufacturers of these weapons acknowledge their potential lethality, warning that they can cause serious injury or death. In response to growing scrutiny, a federal judge issued an order limiting the use of crowd control weapons in California, mandating clear warnings before deployment. This ruling has faced opposition from DHS, which claims it restricts agents' ability to respond effectively to violent situations.

In a related issue, the North Lake Correctional Facility in Baldwin, Michigan, has become the largest U.S. Immigration and Customs Enforcement (ICE) detention center in the Midwest, reflecting a significant increase in immigration detention. Since July 2023, over 200 individuals have filed federal lawsuits challenging their indefinite detention under a new policy that restricts eligibility for bond. This marks a notable rise from only two habeas corpus petitions filed in Michigan's federal courts earlier in the year.

The new policy, implemented by the Trump administration, expands mandatory detention to include undocumented immigrants without bond, regardless of their circumstances. Critics argue this approach treats civil immigration violations as criminal offenses, leading to prolonged detention without due process. A class-action lawsuit filed on November 17 in the U.S. District Court for the Western District of Michigan seeks to challenge this policy, particularly for individuals with no criminal history who have lived in the U.S. for extended periods.

The ACLU estimates that millions of undocumented immigrants may be affected by this policy, which has resulted in a significant decrease in the number of detainees granted bond, dropping from 12% in April to 3.4% in September. Legal experts suggest that the policy may be a tactic to pressure individuals into abandoning their claims and leaving the country voluntarily. The North Lake facility, operated by the private prison company GEO Group, has seen its detainee population rise dramatically, from an average of 416 in mid-September to 1,263 by November 10, with approximately 89% of those detained having no criminal records.

One notable case involves Evangelina Morales, a single mother of four U.S. citizen children, who has been detained since October 28. Her lawsuit underscores the challenges faced by individuals with established community ties now subjected to mandatory detention due to misclassification under the new policy. The legal actions in Michigan reflect a broader trend of increasing litigation against ICE's detention practices, with many cases successfully challenging the legality of the new policy. Overall, the situation at the North Lake Correctional Facility highlights the complexities and humanitarian implications of current immigration enforcement policies, alongside the growing legal resistance against practices perceived as unjust.