Reviewing the same video evidence cited by the district court, the appeals panel flatly rejected the idea that the encounters were uniformly peaceful, writing that the footage showed "a wide range of conduct, some of it peaceful but much of it not," with agents responding to rapidly changing situations.
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U.S. District Judge Katherine Menendez had accepted [violent "protesters'"] claims on January 16, finding the plaintiffs likely to succeed on First and Fourth Amendment grounds and issuing a sweeping injunction against the Department of Homeland Security and ICE.
Her ruling cited alleged instances in which agents used pepper spray, pointed weapons, made arrests, and conducted traffic stops against individuals she characterized as peacefully observing or protesting enforcement activity.
The appeals court was unmoved, emphasizing that the encounters varied widely--different officers, different protesters, different behavior, different locations--making a blanket prohibition not only unworkable but dangerous.
Attorney General Pam Bondi hailed the decision as a decisive stand for law enforcement.
"Liberal judges tried to handcuff our federal law enforcement officers, restrict their actions, and put their safety at risk when responding to violent agitators," Bondi wrote on X, noting that the Justice Department first secured a temporary pause and has now won a full stay.