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Court Ruling May Release Hundreds from ICE Custody

In a significant ruling, hundreds of individuals detained by Immigration and Customs Enforcement (ICE) in Chicago could soon be released. U.S. District Judge Jeffrey Cummings determined that ICE has violated a 2022 consent decree regarding warrantless arrests. This decree prohibits arrests unless agents have probable cause that an individual is unlawfully in the United States and poses a flight risk.

Court Ruling Details

Judge Cummings’ ruling followed evidence presented by the National Immigration Justice Center (NIJC) and the American Civil Liberties Union of Illinois (ACLU). They demonstrated that ICE had unlawfully arrested at least 22 individuals without warrants, particularly during the early days of President Trump’s second term. These individuals were released on bond and ICE was instructed to refund their bond payments and lift any imposed conditions of their release.

ICE’s Compliance Requirements

  • ICE must provide monthly reports detailing the names and identification numbers of individuals arrested without a warrant.
  • The agency is also required to produce arrest reports justifying warrantless arrests.
  • ICE has a deadline of October 22 to release historical data on warrantless arrests dating back to June.

Mark Fleming, associate director of litigation for NIJC, announced that over 200 additional arrests may also breach the consent decree. This estimate, he stated, represents only a fraction of the potential violations. Fleming remarked that they have found just “the tip of the iceberg.”

Background on the Consent Decree

The original consent decree was established following a significant ICE operation in 2018, which resulted in 156 arrests. Although it was set to expire in May, NIJC and ACLU filed for its enforcement and extension for an additional three years earlier this year. Despite ongoing litigation, Cummings confirmed the consent decree remains active.

Impact on Recent Arrests

The ruling comes amid a surge in ICE activity, with over 1,000 arrests reported since the launch of Operation Midways Blitz in September. Attorney Keren Zwick from NIJC indicated that many of these arrests likely contravene the standing court order.

  • ICE’s recent strategies reportedly involve targeting specific individuals, then extending operations to others encountered during these detentions.

While the ruling does not affect individuals who have already been deported, Fleming noted that ongoing communication with advocacy groups is crucial. They aim to inform those currently in custody about their options following this ruling. Enforcement of the consent decree will require ICE to reaffirm nationally to all officers that the decree is once again in effect.

Official Responses

In response to the ruling, Assistant Homeland Security Secretary Tricia McLaughlin asserted that the Department of Homeland Security complies with all lawful court orders. Michelle García, deputy legal director of ACLU of Illinois, emphasized that the consent decree serves as a critical tool for challenging unlawful arrests.

Current ICE Activity in the Chicago Area

Reports indicate ongoing ICE operations in various neighborhoods in Chicago and surrounding suburbs. Notable sightings included:

  • Avondale and Logan Square areas, where multiple detentions occurred.
  • Elgin, where ICE detained an individual on Melrose Court.

As developments continue, local organizations are urging residents to stay informed about their rights and the ongoing situation regarding immigration enforcement.

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