Elgin police refute DHS account of violence by protesters during immigration enforcement

Findings in a preliminary report by the Elgin Police Department refute claims made by the U.S. Department of Homeland Security that protesters directed violence at Immigration and Customs Enforcement agents during enforcement activities Saturday.

The department released the statement on the city’s website and its social media platforms.

The claims from both sides stem from ICE activities in Elgin on the morning of Dec. 6 as federal agents pursued a man into an apartment complex on the 1600 block of Maple Lane.

DHS says ICE officers pursued Luis Jesus Acosta Gutierrez, “an illegal alien from Venezuela and suspected member of Tren de Aragua,” into the complex after he rammed an ICE officer’s vehicle into a tree during an attempted vehicle stop.

The DHS release says “a large crowd of agitators formed and began throwing rocks and bottles at law enforcement officers” and that the “local police department refused to protect ICE law enforcement officers.”

Elgin police disputed that account, saying that they received five calls from subjects who identified themselves as federal agents and that “none of those agents reported rocks or bottles being thrown at them when making their calls.”

The EPD statement says that when they arrived at the scene in response to those calls, “no federal agent said that rocks or bottles were being thrown at them.”

The report states that a federal agent supervisor, who was not at the scene, called the police department to allege that bricks were being thrown at federal agents and tires were being slashed. However, an Elgin police supervisor at the scene during the call did not observe any such activity.

Police say they’ve reviewed body-worn camera footage along with social media videos from the incident, with neither backing up the DHS claims.

Video from Elgin police body-worn cameras shows some federal agents deploying “crowd control munitions” as they were walking to their vehicles to leave the scene. The footage does show one instance where a protester throws a “plastic water container” at a federal agent’s rear window. It bounced off as the vehicle drove away.

The department said review of videos posted on social media shows an instance in which a bystander picks up what appears to be a snowball from the ground and then throws it at a federal agent’s vehicle.

Police say they received over 50 calls relating to the incident, including vehicles blocking the roadway, people having been struck by pepper balls and people being exposed to other chemical irritants.

Eight reports were created in response to the calls, and the investigations are ongoing, officials say. Police officers at the scene determined that federal agents dispersed chemical irritants on some bystanders, with seven people treated and released at the scene.

Police ask anyone who would like to report any incident or provide information related to Saturday’s events to contact the department at (847) 289-2962.

Videos can be submitted at elginpdil.evidence.com/axon/community-request/public/maplelane.

Officials say all police reports, video and audio recordings will be given to the city’s corporation counsel to ensure proper notification is made to the Illinois Accountability Commission.

The incident has prompted U.S. Rep. Raja Krishnamoorthi to demand answers from acting ICE Director Todd M. Lyons.

In a letter to Lyons, Krishnamoorthi requested detailed information by Dec. 24 about ICE's protocols and procedures, including how the agency evaluates environmental and public health risks in densely populated areas and what follow-up procedures it implements after deploying chemical irritants.

The letter warns that additional oversight may be pursued depending on the information provided, stating that “Congress has a responsibility to ensure that federal law enforcement actions in residential areas protect the safety of all affected community members.”

• Daily Herald staff writer Steve Zalusky contributed to this report.