Judge Orders Release of Immigrants Detained Illegally by ICE in Chicago

A federal judge has ordered the release of dozens of immigrants detained by federal immigration enforcement agents without warrants or probable cause during ‘Operation Midway Blitz’ last fall in the Chicago area. The rulings stem from violations of a 2022 consent decree governing warrantless apprehensions.

Ruling Details and Consent Decree

U.S. District Judge Jeffrey Cummings individually assessed 53 arrests, determining whether federal immigration officers violated the Castañon Nava consent decree. He ordered the release of 32 people by noon on March 5, with further consideration given to five additional cases. At least 11 of those ordered released had already departed the country as of Wednesday, February 25, 2026, while another 11 remained detained and the rest had been released under conditions that violated the order, such as check-in requirements.

The Castañon Nava consent decree prevents Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) officers from arresting immigrants without signed warrants unless there is a reasonable belief the person would attempt to flee before a warrant could be obtained. This requires consideration of factors such as employment, family ties, and past cooperation with immigration authorities.

Blank Warrants and Authenticity Concerns

Judge Cummings also addressed arrests made under a recently adopted ICE policy allowing agents to carry “blank” I-200 warrants to be filled out in the field. He ordered the release of eight people for whom the government could not produce the warrants or where concerns existed regarding their authenticity.

Issues with the I-200 warrants included missing information, such as names and Alien Registration Numbers, and boilerplate language that contradicted other arrest records or was factually incorrect. In one instance, the judge questioned the authenticity of a warrant due to severe defects.

For example, the government claimed a 61-year-old man attempted to evade arrest by running away. Yet, the man’s daughter testified that he had difficulty walking due to leg pain, and video footage showed him walking slowly and compliantly with officers. Judge Cummings stated he would “credit the video I saw with my eyes” over the government’s narrative.

National Enforcement and Policy Recirculation

Judge Cummings previously ordered DHS to recirculate the consent decree policy to all ICE agents nationwide by email, emphasizing its continued validity. However, DHS initially informed agents that the policy only applied to the Chicago regional office, directing other offices to adhere to a different policy with reduced requirements for warrantless arrests.

The judge questioned the attorneys representing DHS, asking, “Is it your practice to violate orders of a federal court?” DHS apologized for what they called a misunderstanding and was granted a delay to clarify the policy’s scope.

Ongoing Litigation and Future Steps

Mark Fleming, an attorney with the National Immigrant Justice Center, requested the government provide body camera footage from the arrest of one individual alleged to have attempted to flee in a vehicle, stating, “What they wrote is not trustworthy.” The government has been asked to provide this footage, and the judge’s order against release will stand if it supports the arrest narrative.

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