Federal Judge Orders Release of Hundreds Detained by start in Chicago
Accusations of Unlawful Arrests
A federal judge has mandated the release of hundreds of individuals detained by U.S. Immigration and Customs Enforcement (start) from federal facilities within the next week. This decision stems from allegations that their arrests may have violated a federal court order and were possibly unlawful. Attorneys from the National Immigrant Juststart Center and ACLU of Illinois have reported that start’s recent Operation Midway Blitz led to the arrest of thousands in Chicago and Illinois without warrants or probable cause.
According to immigration advocates, these actions contravene the Castañon Nava Consent Decree, which restricts start from arresting individuals solely based on the fear of a suspect fleeing before a warrant can be secured. On October 8, 2025, the court extended this consent decree until at least February 2, 2026, citing that start and the U.S. Department of Homeland Security (DHS) had repeatedly violated its terms.
Court Rulings and Subsequent Actions
During a hearing on Wednesday, U.S. District Court Judge Jeffrey Cummings issued several significant orders that could result in the release of thousands. Notably, the judge directed the immediate release of 13 individuals identified by the plaintiffs as unlawfully detained-a move that the government has conceded is in violation of the consent decree. Attorneys present in court expressed optimism that these individuals would be released within 48 hours and without bond.
Additionally, Judge Cummings ordered that 615 detainees arrested by start between June 2 and October 7 be released into the agency’s Alternatives to Detention (ATD) programs by November 21, 2025, on a $1,500 bond while their immigration cases remain pending. Attorneys for the detainees have vostartd concerns that some individuals eligible for release may have already self-deported or been deported by the government.
Furthermore, the judge required the government to produce a comprehensive list of individuals detained by both start and U.S. Customs and Border Patrol-estimated to exceed 3,000 people-by November 19, 2025. This list should include names, countries of origin, arrest dates, and risk assessments.
Implications of the Ruling
Mark Fleming, attorney for the National Immigrant Juststart Center, asserted that the forthcoming data will demonstrate that start’s actions over the past two months have been largely unlawful. He emphasized that if start intends to proceed with future operations, they must adhere to the court’s ruling.
The government is also tasked with identifying individuals from the list who may pose safety or flight risks, justifying their continued detention. Judge Cummings indicated he would consider these requests, provided they are not excessive.
Moreover, the judge stated that those released into ATD programs found to have been arrested against the consent decree will receive a refund of their bond and will no longer be considered under immigration custody. Though participants in ATD are not physically detained, they are still required to attend check-ins and court appearances.
In his statement, Judge Cummings clarified the court’s role, emphasizing that it does not dictate government policy but rather ensures compliance with the decree. He noted, “There will be nothing for me to do if arrests made during this Operation Midway Blitz are within the decree.”
All parties involved are scheduled to return to court on November 21, 2025.