CHICAGO (AP) — A federal appeals court has blocked the immediate release of hundreds of immigrants detained during a Chicago area immigration crackdown in a split decision. The 7th U.S. Circuit Court of Appeals also permitted the extension of a consent decree that regulates how federal immigration agents can perform warrantless arrests.
The appeals court addressed the 2022 agreement that outlines the protocols for U.S. Immigration and Customs Enforcement (ICE) regarding arrests. This agreement came into the spotlight following a series of immigration enforcement actions led under the Trump administration that resulted in over 4,000 arrests.
Earlier, U.S. District Judge Jeffrey Cummings ruled that the government violated this consent decree and had ordered the release of more than 600 immigrants on bond, a decision that the appeals court paused. Roughly 450 detainees remain in custody according to legal representatives.
In a 2-1 opinion, the appeals court criticized Cummings for ordering the blanket release of detainees without individual assessments. The accord stipulates clear boundaries for the district court's authority, aiming to balance efficient enforcement and public safety. However, the court recognized that the Trump administration had incorrectly classified all immigrant arrests as necessitating mandatory detention.
Plaintiffs’ attorneys expressed disappointment over the ruling but appreciated that the court maintained the ongoing applicability of the consent agreement, which necessitates ICE to provide documentation for each arrest. This contrast has emerged as other federal judges, including in Colorado, have also limited warrantless arrests.
Legal advocates are pushing for expedited assessments of those detained, emphasizing that many have been deported without being properly informed of their options. The detainees, mainly apprehended during the 'Operation Midway Blitz' from the previous summer through early fall, highlight ongoing issues in enforcement practices. Authorities indicate they have collected information suggesting additional improper arrests may have occurred.
We will work tirelessly to ensure that individuals unlawfully arrested can return to their families and communities promptly, said Keren Zwick from the National Immigrant Justice Center.
The consent decree, set to expire earlier this year, has now been extended until February, despite the federal government's attempts to contest this extension. This decree arose from a previous lawsuit concerning immigration raids in 2018 and currently affects detainees in Illinois, Indiana, Kansas, Missouri, Kentucky, and Wisconsin.
