A federal judge, appointed by President Biden, is getting ready to potentially release hundreds of undocumented immigrants who were arrested by federal officials in the Chicago region. Recently, this judge established nationwide limitations on the arrest methods used by U.S. Immigration and Customs Enforcement (ICE) agents.
Background
In May 2018, ICE detained over 100 undocumented individuals, many of whom were convicted non-citizen criminals, in the Chicago area during an operation dubbed KeepSafe. The National Center for Immigrant Justice, which advocates for open borders, filed a suit accusing the Trump administration of breaching the Administrative Procedure Act and the Fourth Amendment, as part of their defense for a few of the apprehended individuals.
This legal challenge against warrantless arrests grew into a class-action lawsuit that involved two activist organizations and the American Civil Liberties Union of Illinois, which played a supporting role. The plaintiffs successfully overcame government efforts to dismiss the case and, in 2022, won a judgment that mandated ICE to adhere to specific protocols for arresting undocumented individuals without warrants in Illinois and neighboring states.
The agreement was set to last until May 12, 2025. In March, NIJC challenged the Trump administration’s arrest of numerous undocumented immigrants in Illinois without the necessary warrants and sought accountability from ICE for alleged breaches of the settlement. Despite this motion for enforcement being pending, ICE’s chief legal counsel informed employees that the agreement was terminated and the related policies were rescinded. ICE continues to pursue operations that many open borders advocates find objectionable.
As ICE continues efforts to capture violent criminals among undocumented individuals, including members of a notorious gang, the NIJC returned to the courts on September 26, alleging additional violations of the consent agreement and requesting an extension for another three years.
On October 7, U.S. District Judge Jeffrey Cummings pointed out practices where ICE officers would carry blank administrative arrest warrants and fill them in post-arrest. He noted that ICE had violated the consent decree, which had reportedly been breached past its expiry due to ongoing enforcement actions by NIJC.
Judge Cummings is not alone in this; a different ruling extended the consent decree until February 2, 2026, and required ICE to implement the related policy across all its nationwide operations. The Department of Homeland Security’s attorneys argue that Congress has limited federal courts’ ability to grant parole to large groups of undocumented individuals in ICE’s custody, but reported plans from Judge Cummings indicate he might pursue some sort of release.
During an upcoming hearing, he’s expected to reveal whether he will mandate ICE to allow some undocumented individuals to use interim “alternatives to detention,” like ankle monitoring or check-ins with immigration officials via a mobile app. NIJC’s deputy director noted that over 3,000 undocumented individuals have been arrested for breaching the consent rules.
He indicated, “If there wasn’t a prior order to leave, almost every scenario would represent a clear violation of the consent decree.” This, he thinks, might set the stage for many individuals to be considered eligible for release.
While there seem to be hopes that Judge Cummings will be lenient, a legal analyst pointed out that existing laws complicate the situation, making it tough for local and federal courts to compel government action in immigration matters.
