CHICAGO (AP) – A federal appeals court has blocked the immediate release of hundreds of immigrants detained during a Chicago-area immigration crackdown, marking a significant decision amidst ongoing legal battles over immigration enforcement practices. The ruling, announced on Thursday, came in a split decision that also upheld the extension of a consent decree governing how federal immigration agents make warrantless arrests.
The 7th U.S. Circuit Court of Appeals evaluated arguments regarding the 2022 agreement that outlines the procedures for U.S. Immigration and Customs Enforcement (ICE) in arresting immigrants. This consent decree is particularly relevant due to the Trump administration’s aggressive immigration crackdown in the Chicago area, which has resulted in over 4,000 arrests.
U.S. District Judge Jeffrey Cummings had previously found that the government violated the consent decree and ordered the release of more than 600 immigrants on bond. However, the appeals court has put this order on hold, leaving approximately 450 individuals still in custody, according to attorneys representing the detainees.
In a 2-1 opinion, the appeals court criticized Judge Cummings for overstepping his judicial authority with a blanket release order without reviewing each detainee's case individually. The ruling articulated that the consent decree sets clear boundaries for what actions a district judge can take to balance law enforcement efforts and public safety. At the same time, the court noted that the Trump administration incorrectly categorized all immigrant arrestees as subject to mandatory detention.
Plaintiffs' attorneys expressed disappointment with the ruling, but they acknowledged the court's decision to uphold the extension of the consent decree. This extension mandates that ICE must provide documentation for each arrest it conducts. Federal judges in other jurisdictions, including Colorado, have also ruled to impose limitations on warrantless arrests.
Legal representatives emphasized the urgency of resolving this matter, citing concerns that many detainees face deportation without understanding their legal options. The detained immigrants, mainly from the Chicago area, were apprehended during the "Operation Midway Blitz" immigration operation that commenced in the fall. Attorneys indicate they have gathered information about additional individuals who they believe were also arrested unlawfully.
Keren Zwick, a representative from the National Immigrant Justice Center, stated, "We will work tirelessly to ensure that people who were unlawfully arrested will be able to return to their families and communities as soon as possible." The Department of Homeland Security did not respond to requests for comments following the court's ruling.
The consent decree, which had previously expired earlier in the year, has now been extended until February. The federal government had attempted to challenge this extension in court, emphasizing the contentious nature of immigration policy enforcement. Initially, the agreement was reached between immigrant rights organizations and the federal government after a lawsuit related to immigration sweeps conducted in 2018. It specifically applies to immigrants arrested in six states: Illinois, Indiana, Kansas, Missouri, Kentucky, and Wisconsin, all under the jurisdiction of the ICE field office located in Chicago.
