CHICAGO (AP) — In a significant development for immigration law in the Chicago area, U.S. District Judge Jeffrey Cummings has suggested that hundreds of individuals detained during the Trump administration's immigration crackdown might soon be released on bond while they await their immigration hearings.
During a hearing, Judge Cummings mentioned he would order the release of 13 detained individuals as prescribed by a 2022 consent decree that dictates how U.S. Immigration and Customs Enforcement (ICE) can execute warrantless arrests. He has set a deadline for government attorneys to review a list of 615 individuals detained nationwide to determine if they are eligible for alternatives to detention, such as the use of ankle monitors.
Attorneys representing the detainees have welcomed Cummings’ indications of release as a victory, asserting that most of ICE's tactics, including the arrests made during the Trump era, have predominantly been unlawful. Mark Fleming from the National Immigrant Justice Center stated, All of the tactics of ICE have been unlawful in the vast majority of arrests.
As advocates move quickly to secure the release of the detained, they express concern for those captured without access to legal counsel or awareness of their situation. Many of the over 3,300 individuals captured in Chicago and surrounding suburbs since the Operation Midway Blitz began in September have already faced deportation.
Cummings has previously noted that ICE's compliance with the consent decree has been inadequate, highlighting instances of wrongful arrests, including during routine daily activities. The deportation limitations imposed during this review may reflect a growing scrutiny of ICE's enforcement practices and an attempt to align federal actions with due process.
Despite the potential changes, officials have raised concerns over the implications of releasing detainees, claiming it may pose risks to public safety. The consent decree, which is set to expire in February, initially focused on Illinois and five surrounding states, representing a critical intervention in federal immigration policy at a local level.
