CHICAGO (AP) — A federal appeals court has temporarily blocked the immediate release of hundreds of immigrants detained during a Chicago area immigration crackdown. This decision, rendered in a split ruling on Thursday, enables the continuation of a consent decree that regulates how federal immigration officials can execute warrantless arrests.
The 7th U.S. Circuit Court of Appeals recently heard arguments concerning the 2022 consent decree, which governs the operations of U.S. Immigration and Customs Enforcement (ICE). This decree has drawn increasing attention against the backdrop of the Trump administration's aggressive immigration strategies in Chicago which have resulted in over 4,000 arrests to date.
In September, U.S. District Judge Jeffrey Cummings ordered that more than 600 immigrants be released on bond due to findings that the government had violated the consent decree. However, the appeals court's ruling has effectively paused this order, leaving around 450 individuals in custody, as confirmed by their attorneys.
The appeals court decision, which was voted 2-1, stated that Cummings had overstepped his judicial power by ordering a blanket release of the detainees without considering their individual circumstances. The court highlighted that the consent decree “carefully maps out what the district judge can or cannot order” to balance the need for enforcement alongside public safety concerns. Moreover, the ruling indicated that ICE incorrectly categorized immigrants arrested during enforcement operations as subject to mandatory detention without proper consideration.
Lawyers representing the impacted individuals expressed disappointment over the ruling but remain encouraged by the upholding of the decree. This agreement mandates that ICE present documentation for each arrest it conducts, reflecting a significant shift towards more transparent immigration enforcement policies. Similar rulings have emerged in other court jurisdictions, such as Colorado, which have also sought to limit the scope of warrantless arrests.
Advocates active in the issue of immigrant rights emphasized the urgency for a swift determination, given that many affected individuals face deportation without a clear understanding of their legal rights. The detainees, who were primarily apprehended during the operation known as Operation Midway Blitz last fall, have raised concerns regarding possible improper arrests, with legal teams gathering evidence to challenge these actions.
Keren Zwick of the National Immigrant Justice Center vowed to work diligently to ensure that those unlawfully detained are reunited with their families and communities. A communication to the Department of Homeland Security seeking comment on this matter was not promptly answered.
The consent decree’s initial expiration earlier this year was contested by the federal government; however, it has now been extended until February. This agreement was crafted following a lawsuit regarding immigration enforcement activities in 2018 and pertains to immigrants detained across six states under the jurisdiction of the ICE field office in Chicago, including Illinois, Indiana, Kansas, Missouri, Kentucky, and Wisconsin.
