Case: Village of Broadview v. US Department of Homeland Security

1:25-cv-12164 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the federal government’s unilateral seizure of municipal property under the guise of immigration enforcement. On October 3, 2025, the Village of Broadview, an Illinois municipal corporation, filed a Verified Complaint for Declaratory and Injunctive Relief in the U.S. District Court for the Northern District of Illinois, Eastern Division, before District Judge LaShonda A. Hunt. The Village sued the U.S. Department of Homeland Security (DHS), Secretary Kristi Noem, Acting ICE…

This case challenges the federal government’s unilateral seizure of municipal property under the guise of immigration enforcement. On October 3, 2025, the Village of Broadview, an Illinois municipal corporation, filed a Verified Complaint for Declaratory and Injunctive Relief in the U.S. District Court for the Northern District of Illinois, Eastern Division, before District Judge LaShonda A. Hunt. The Village sued the U.S. Department of Homeland Security (DHS), Secretary Kristi Noem, Acting ICE Director Todd Lyons, and Chicago ICE Field Office Director Russell Hott, in their official capacities, alleging that federal agents unlawfully occupied municipal property by erecting an eight-foot metal fence across Beach Street, a Village-owned public road, without notice, permission, or permits. Represented by Del Galdo Law Group, LLC, the Village sought to restore access and enforce local authority over its streets.

That same day, the Village filed a Verified Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, arguing that DHS’s overnight construction of the fence deprived the Village of control over its property, violated local fire and safety ordinances, and created an immediate threat to public health and safety by blocking emergency vehicles from reaching businesses and residences south of the barrier. The motion asserted a likelihood of success on claims of continuing trespass and public nuisance under Illinois law, as well as multiple APA violations—specifically, 5 U.S.C. §§ 706(2)(A)–(D)—and an ultra vires claim under federal law. The Village also invoked the Fifth Amendment’s Due Process and Takings Clauses, arguing DHS’s occupation amounted to a taking without compensation or lawful procedure. The Village requested injunctive and declaratory relief compelling removal of the fence and prohibiting further occupation of Village streets; no monetary damages were sought.

On October 9, 2025, Judge Hunt granted the Village’s TRO, finding that DHS and ICE had likely exceeded their statutory authority under 40 U.S.C. § 1315 and the Immigration and Nationality Act by fencing off a municipal roadway. The court held that the fence created an ongoing public-safety hazard and irreparable harm by impeding emergency access and ordered the agencies temporarily enjoined from maintaining or operating the fence, requiring its dismantling and removal, and directing the parties to submit a proposed order addressing conversion to a preliminary injunction and bond by October 10, 2025.

As of November 3, 2025, the case remains ongoing. 

Summary Authors

Michael Vandergriff (11/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71544344/parties/village-of-broadview-v-us-department-of-homeland-security/


Attorney for Plaintiff

Albert, Michael Aaron (Illinois)

Bonilla-Lopez, Veronica (Illinois)

Galdo, Michael Thomas (Illinois)

Attorney for Defendant

Chicago, AUSA - (Illinois)

Hartzler, Alex H. (Illinois)

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Documents in the Clearinghouse

Document
1

1:25-cv-12164

The Village Of Broadview’s Verified Complaint For Declaratory And Injunctive Relief

Village of Broadview v. US Department of Homeland Security et al.

Oct. 3, 2025

Oct. 3, 2025

Complaint
10

1:25-cv-12164

The Village Of Broadview’s Verified Emergency Motion For A Temporary Restraining Order & Preliminary Injunction

Village of Broadview v. US Department of Homeland Security et al.

Oct. 3, 2025

Oct. 3, 2025

Pleading / Motion / Brief
35

1:25-cv-12164

Memorandum Opinion and Order

Village of Broadview v. US Department of Homeland Security et al.

Oct. 9, 2025

Oct. 9, 2025

Order/Opinion

2025 WL 2896819

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71544344/village-of-broadview-v-us-department-of-homeland-security/

Last updated Jan. 17, 2026, 12:42 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Village of Broadview; Filing fee $ 405, receipt number AILNDC-24159612. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Albert, Michael) (Entered: 10/03/2025)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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Oct. 3, 2025

Oct. 3, 2025

Clearinghouse
2

CIVIL Cover Sheet (Albert, Michael) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

RECAP
8

ATTORNEY Appearance for Plaintiff Village of Broadview by Veronica Bonilla-Lopez (Bonilla-Lopez, Veronica) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

9

ATTORNEY Appearance for Plaintiff Village of Broadview by Michael Aaron Albert (Albert, Michael) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

10

MOTION by Plaintiff Village of Broadview for temporary restraining order Verified Emergency Motion for a temporary restraining order and preliminary injunction (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Certificate of Service Certificate of service)(Albert, Michael) (Entered: 10/03/2025)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Certificate of Service Certificate of service

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Oct. 3, 2025

Oct. 3, 2025

Clearinghouse

case assigned

Oct. 3, 2025

Oct. 3, 2025

clerk's notice

Oct. 3, 2025

Oct. 3, 2025

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category Two). (lw, )

Oct. 3, 2025

Oct. 3, 2025

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lw, )

Oct. 3, 2025

Oct. 3, 2025

11

MINUTE entry before the Honorable LaShonda A. Hunt: Village of Broadview's Verified Emergency Motion for a Temporary Restraining Order & Preliminary Injunction 10 is set for hearing on 10/7/25 at 1:00PM in Courtroom 1425. Mailed notice (gel,) (Entered: 10/04/2025)

Oct. 4, 2025

Oct. 4, 2025

12

MOTION by Plaintiff Village of Broadview for hearing (Bonilla-Lopez, Veronica) (Entered: 10/04/2025)

Oct. 4, 2025

Oct. 4, 2025

RECAP
13

DESIGNATION of Thomas P. Walsh as U.S. Attorney for Defendants Russell Hott, KRISTI NOEM, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, Todd Lyons, US Department of Homeland Security (Walsh, Thomas) (Entered: 10/04/2025)

Oct. 4, 2025

Oct. 4, 2025

14

RESPONSE by Defendants Russell Hott, KRISTI NOEM, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, Todd Lyons, US Department of Homeland Security to Plaintiff's Motion to Reset (Advance) Hearing Date (Walsh, Thomas) (Entered: 10/04/2025)

Oct. 4, 2025

Oct. 4, 2025

RECAP
15

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Emergency Motion to Reset (Advance) the Hearing on the motion for a TRO and PI 12 does not comply with court procedures for seeking emergency relief nor was it accompanied by the required notice of presentment. That said, given the exigencies of the situation, the Court will consider the matter. For future reference, counsel is reminded that noncompliant filings may be summarily stricken. Having reviewed the motion 12 and Defendants' response 14, the Court declines to reset the hearing date. The parties are encouraged to focus on preparing to present a full record for the Court to consider while also continuing to discuss their respective positions and possible resolution. If both sides desire a settlement conference, they should promptly email the courtroom deputy. Otherwise, the hearing will proceed on 10/7/25 at 1:00PM as previously scheduled. Mailed notice (gel,) (Entered: 10/04/2025)

Oct. 4, 2025

Oct. 4, 2025

20

MINUTE entry before the Honorable LaShonda A. Hunt: On the Court's own motion, motion hearing previously set for 10/7/25 at 1:00PM is reset for 10/7/25 at 10:00AM in Courtroom 1425. (NOTE TIME CHANGE ONLY). Mailed notice (gel,) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

21

ATTORNEY Appearance for Plaintiff Village of Broadview by Charles Stuart Huff (Huff, Charles) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

24

SUMMONS Issued (Court Participant) as to Russell Hott, Todd Lyons, Kristi Noem, US Department of Homeland Security, U.S. Attorney, and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(jks, ) (Main Document 24 replaced on 10/14/2025) (td, ). (Attachment 1 replaced on 10/14/2025) (td, ). (Attachment 2 replaced on 10/14/2025) (td, ). (Attachment 3 replaced on 10/14/2025) (td, ). (Attachment 4 replaced on 10/14/2025) (td, ). (Attachment 5 replaced on 10/14/2025) (td, ). (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

25

ATTORNEY Appearance for Plaintiff Village of Broadview by Michael Thomas Del Galdo (Del Galdo, Michael) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

26

RESPONSE by Defendants Russell Hott, Todd Lyons, Kristi Noem, US Department of Homeland Security to Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction (Walsh, Thomas) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

27

DESIGNATION of Alex H. Hartzler as U.S. Attorney for Defendants Russell Hott, Todd Lyons, Kristi Noem, US Department of Homeland Security (Hartzler, Alex) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

28

EXHIBIT by Defendants Russell Hott, Todd Lyons, Kristi Noem, US Department of Homeland Security (Exhibits C and D to Defendants' Response to Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction) regarding Response 26 (Hartzler, Alex) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

RECAP
29

MINUTE entry before the Honorable LaShonda A. Hunt: In-person motion hearing held. As discussed on the record, Plaintiff's motion for a TRO 10 is taken under advisement. The Court will rule by mail shortly. Mailed notice (gel,) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

RECAP
30

AFFIDAVIT of Matthew J. Martin (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Albert, Michael) (Entered: 10/08/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Oct. 8, 2025

Oct. 8, 2025

RECAP
31

CERTIFICATE of Service by Michael Aaron Albert on behalf of All Plaintiffs (Albert, Michael) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
32

MOTION by Defendants Russell Hott, Todd Lyons, Kristi Noem, US Department of Homeland Security for leave to file (Defendants' Motion for Leave to Respond to Plaintiff's Supplemental Filings) (Hartzler, Alex) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

RECAP
33

RESPONSE by Plaintiff Village of Broadview THE VILLAGE OF BROADVIEWS RESPONSE TO DEFENDANTS MOTION FOR LEAVE TO RESPOND TO PLAINTIFFS SUPPLEMENTAL FILINGS (Huff, Charles) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

RECAP
34

MINUTE entry before the Honorable LaShonda A. Hunt: For the reasons stated in the accompanying memorandum opinion and order, Plaintiff's motion for a temporary restraining order 10 is granted. By no later than October 10, 2025, at 2:00PM Central Time, the parties are directed to submit a proposed order to the Court's proposed order inbox consistent with this ruling. Enter Memorandum Opinion and Order. Defendants' motion for leave to respond to Plaintiff's supplemental filing 32 is terminated as moot. Mailed notice (gel,) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

35

MEMORANDUM Opinion and Order Signed by the Honorable LaShonda A. Hunt on 10/9/2025. Mailed notice (gel,) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

Clearinghouse
36

AGREED ORDER Signed by the Honorable LaShonda A. Hunt on 10/10/2025. Mailed notice (gel,) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

RECAP
37

MINUTE entry before the Honorable LaShonda A. Hunt: Status hearing set for 10/21/25 at 10:15AM in Courtroom 1425 to discuss next steps in the case. Mailed notice (gel,) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

38

SURETY BOND in the amount of $500.00 posted by Village of Broadview (Document not scanned). (bi,) (Entered: 10/20/2025)

Oct. 17, 2025

Oct. 17, 2025

39

MINUTE entry before the Honorable LaShonda A. Hunt: In-person status hearing held. As stated in open court, a joint status report on proposed next steps shall be filed by 12/16/25. Mailed notice (gel,) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

40

ORDER GENERAL ORDER 25-0028: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 25-0024 suspending as of October 1, 2025, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on November 13, 2025; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 25-0024 is hereby lifted, and any and all deadlines in affected civil cases (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 49 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may seek relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. Signed by the Honorable Virginia M. Kendall on 11/14/2025: Mailed notice. (tg, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

RECAP
41

MINUTE entry before the Honorable LaShonda A. Hunt: To avoid any confusion, the Court confirms that the 12/16/25 joint status report deadline 39 in this case stands despite General Order 25-0028 40 . Mailed notice (gel,) (Entered: 11/18/2025)

Nov. 18, 2025

Nov. 18, 2025

44

Local Rule 3.2 Annual Reminder Order

Jan. 1, 2026

Jan. 1, 2026

Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Oct. 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Village of Broadview.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Takings

Other Dockets:

Northern District of Illinois 1:25-cv-12164

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Enforcement location