Appeals Court Pauses Release Of Hundreds Arrested By ICE During Operation Midway Blitz

This is part of our series of daily recaps of ICE activity in the Chicago region. Have a tip we should check out? Email newsroom@blockclubchi.org.

CHICAGO — A federal appeals court is temporarily pausing the release of more than 400 people who have been arrested by federal immigration agents in recent months.

A federal judge had ordered the release of hundreds of people who have been detained in Chicago since June, following a ruling last month that federal agents violated a 2022 consent decree governing warrantless immigration arrests. The consent decree limits the circumstances in which agents can make warrantless arrests while enforcing civil immigration laws.

U.S. District Judge Jeffrey Cummings said detained people who have no criminal history or prior removal orders were to be released on a $1,500 bond while he determines whether their arrests violated the consent decree. The individuals were supposed to be released Friday.

But the 7th U.S. Circuit Court of Appeals on Thursday halted Cummings’ order. Arguments are set for Dec. 2.

Cummings had denied a request to halt the releases earlier this week, stating that ICE didn’t show irreparable harm nor that it could win on appeal. The judge also wrote that the plaintiffs faced concrete harm if the releases were delayed.

The release would have applied to 442 people detained by ICE between June and Oct. 7 who have not yet been deported and not deemed a public safety threat, according to court documents.

It’s estimated that about 3,300 people were arrested by ICE and Border Patrol agents June 12-Oct. 7, according to numbers reported to court.


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