chicago — A federal appeals court blocked Immediate release of hundreds of immigrants They were arrested during an immigration crackdown in the Chicago area in a split decision Thursday that also allowed an extension of a consent decree that limits how federal immigration agents can make warrantless arrests.
The United States Court of Appeals for the Seventh Circuit heard arguments last week on 2022 agreement It governs how U.S. Immigration and Customs Enforcement detains immigrants along with those specifically targeted in an operation. The consent decree has been in the spotlight amid the Trump administration’s migration to the Chicago area campaign This led to the arrest of more than 4,000 people.
Last month, U.S. District Judge Jeffrey Cummings, finding that the government had violated the agreement, ordered more than 600 migrants released on bail, an order that was temporarily blocked by an appeals court. Lawyers say nearly 450 remain in detention.
In a 2-1 opinion, the appeals court said Cummings exceeded his authority to blanketly release detainees without evaluating each case individually. According to the opinion, the consent decree “carefully defines what a district judge can or cannot order” to balance enforcement with public safety. But the ruling also said the Trump administration wrongly classified all immigration detainees as subject to mandatory detention.
Lawyers for the plaintiffs said they were disappointed by the ruling but were pleased the court upheld an extension of the agreement, which among other things requires ICE to provide documentation for every arrest it makes. Federal judges elsewhere including Colorado It also ruled to limit arrests without a judicial warrant.
Lawyers called for a quick decision, saying that many are being deported without knowing their options. Hundreds of detainees, most from the Chicago area, were arrested from the summer through the first weeks of the “Operation Midway Blitz” anti-immigration crackdown in the fall. The lawyers said they have collected information on hundreds of other people who they believe have been improperly arrested.
“We will work tirelessly to ensure that people who have been unlawfully detained can return to their families and communities as soon as possible,” said Keren Zwick of the National Immigrant Justice Center.
A message left for the Department of Homeland Security on Thursday was not immediately responded to.
The consent decree, which expired earlier this year, was extended through February. The federal government attempted to challenge the extension in court.
The agreement was originally reached between immigrant rights groups and the federal government after a lawsuit over the 2018 immigration crackdowns. It applies to immigrants arrested in six states covered by ICE’s field office in Chicago. These states are Illinois, Indiana, Kansas, Missouri, Kentucky, and Wisconsin.