The oral ruling by U.S. District Judge Jeffrey I. Cummings came in response to a court filing that found the arrest was unlawful. Detainees are likely to be released after undergoing an ankle monitoring program.
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CHICAGO – Hundreds of immigration detainees from Illinois could be released, a federal judge said Nov. 12, saying “it appears highly unlikely that they are drug traffickers, gang members or the worst of the worst of the bad guys that ICE claims they are.”
U.S. District Judge Jeffrey I. Cummings issued an oral ruling in federal court in Chicago on a court filing that the arrest was unlawful. The judge’s ruling comes nearly two months after President Donald Trump’s Operation Midway Blitz and could set the stage for the release of many people detained during the immigration crackdown.
The filing by attorneys for the ACLU of Illinois seeks to enforce a 2022 agreement Homeland Security officials signed with a court that limits the types of arrests the agency can make in the Chicago area. This process is known as a consent decree.
The restrictions include restrictions on warrantless arrests and arrests during traffic stops. At least 13 immigration enforcement detainees are scheduled to be released on November 14th. A group of about 600 people could be released on November 21st. Lawyers for the detainees ultimately want to see if all Midway Raid detainees are protected by the consent decree.
“This entire operation, the terrorizing of neighborhoods and brutality against people over the last two months, will all be shown to be illegal,” said Mark Fleming, an attorney with the National Immigration Justice Center. “All of Mr. Bovino’s tactics were illegal.”
President Trump said the crackdown is needed to catch the “worst of the worst” criminal immigrants. Homeland Security officials announced that “3,000 illegal aliens, including rapists, murderers, and gang members” were arrested in connection with the raid.
The lawsuit, brought on behalf of detainees, aims to establish how many of those detained during the crackdown were criminals and were legally arrested.
Cummings also issued an order on Nov. 12 prohibiting a group of about 600 detainees mentioned in court filings from deporting or consenting to deportation. Lawyers for detainees said Mr. Cummings’ order, called a stay, is essential because detainees who cannot contact their clients are either deported or agree to deportation.
“These people may not know,” Cummings said of court proceedings that could change the fate of their efforts to remain in the United States. “They are not in court today and may have no way of knowing that they will be dismissed in a few days.”
Lawyers said in court that about 1,100 Chicago-area immigrant detainees who may have been arrested in violation of the consent decree have already been deported or have consented to deportation.
“I’m concerned that these people don’t even know that their release is pending,” said Mark Feldman, another attorney with the National Immigrant Justice Center. “We’re worried that they don’t know to have hope at this point.”
The 600 detainees are from a group arrested by Immigration and Customs Enforcement agents between June and October. Immigration authorities are assessing whether the detainees pose a risk. Government lawyers said about 12 of the 400 cases assessed so far are considered a risk. Cummings said he would not approve the release of detainees who are considered a danger to the public. They will likely have to wear ankle monitors while their immigration cases proceed.
“This allows them to remain in their communities and contribute to their families,” the judge said, noting that ankle monitoring programs are significantly cheaper than detention in immigration detention facilities, where conditions are often described as poor.
The judge did not expect there to be many more, given that so far there has been little seen as a risk.
Fleming said the group next hopes to obtain information about the thousands of other internees captured during the Midway Raid.
Michelle Garcia, another attorney for the detainees, said the Illinois court proceedings could serve as the basis for similar lawsuits over immigration arrests across the country. Garcia said similar lawsuits have already been filed in California and Colorado.
“What today’s verdict shows is that there is a path forward,” Garcia said.
