A federal judge has mandated the release of potentially hundreds of individuals arrested by immigration authorities in Chicago, delivering a significant legal blow to a high-profile enforcement operation launched under the Trump administration.
Judge Finds Widespread Violations of Legal Settlement
U.S. District Judge Jeffrey Cummings declared on Wednesday that federal authorities had systematically violated a 2022 legal settlement known as the Castañon Nava consent decree. This agreement specifically prohibited warrantless immigration arrests without probable cause to believe someone is both in the United States illegally and poses a flight risk.
The ruling directly impacts the controversial Operation Midway Blitz, which flooded Chicago neighbourhoods with federal agents conducting daily patrols. Judge Cummings stated that the arrests made under this operation breached the long-standing settlement, putting hundreds of cases in legal jeopardy.
Scope of the Ruling and Government Response
The court order could apply to over 600 people—the vast majority having no criminal record—who were arrested as part of the immigration sweep. However, plaintiffs in the case estimate the ultimate number affected could reach into the thousands.
Judge Cummings gave the government until November 19 to provide a complete list of individuals arrested by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) in Chicago since June 11. Both parties must file status reports by November 21.
The Department of Homeland Security responded with strong criticism, with spokesperson Tricia McLaughlin stating, "Now an ACTIVIST JUDGE is putting the lives of Americans directly at risk by ordering 615 illegal aliens be released into the community." However, the judge explicitly noted that individuals deemed threats to public safety would not be released from detention.
Implementation Challenges and Legal Context
Practical challenges remain in implementing the release order. Mark Fleming of the National Immigrant Justice Center noted that eligible individuals "are probably all over the country" since immigration detainees are frequently moved between detention centres in different states.
Judge Cummings plans to allow a $1,500 bond for those eligible for release, with freed individuals entering ICE's "Alternatives to Detention" program involving physical check-ins and location tracking through mobile apps or ankle monitors.
The litigation, brought by the National Immigrant Justice Center and the ACLU of Illinois, continues to unfold. Michelle Garcia, deputy legal director at the ACLU of Illinois, celebrated the ruling, stating it "creates a pathway for even more of the hundreds of people illegally arrested and detained during Operation Midway Blitz to be released."
This ruling represents the latest development in an ongoing legal battle over immigration enforcement practices that has seen the Castañon Nava consent decree extended through February after the judge found ICE had incorrectly informed field offices the settlement no longer applied.
