A federal judge ordered the release of hundreds of people arrested as part of the Trump administration’s immigration crackdown in Illinois, according to a court ruling, dealing a blow to federal efforts to detain and deport as many undocumented people as possible.
US District Judge Jeffrey Cummings on Wednesday morning sided with attorneys from the National Immigrant Justice Center and the ACLU. The plaintiffs alleged more than 3,000 people were arrested between June and October in “Operation Midway Blitz.”
Of those arrested, 615 are not subject to mandatory detention and don’t have final orders of removal, the ruling says. Those who remain detained out of that group, as long as they don’t pose a high public safety risk, must be granted bond by noon on November 21.
Judge Cummings stated he would allow their release on a $1,500 bond and enrollment in Immigration and Customs Enforcement’s Alternatives to Detention program, which can include electronic monitoring, pending the outcome of immigration proceedings.
The judge ordered the government to identify the people who are eligible for release by noon Friday and paused deportation proceedings for them until the next business day after their release.
The judge also ordered the immediate release of 13 people who were arrested in violation of a consent decree that limits warrantless arrests, specifying they are to be released on their own recognizance without bond or conditions.
The judge further ordered the government to produce by November 19 the names and threat levels of the approximately 3,000 people arrested since June.
The decision comes as tensions remain high over racial profiling and constitutional rights – for both documented and undocumented people – as the Trump administration’s broad mass deportation crackdown targets people of all ages, from children and families to suspected criminals, by making arrests outside courtroom hearings, during traffic stops and in workplace sweeps.
Challenges remain for those ordered to be released, immigration experts said in response to the ruling.
“They’re all being awarded bond for 615, but how is that process going to happen?” said Mark Fleming, an attorney with the National Immigrant Justice Center, at a news conference Wednesday. He noted the people set to be released “are probably all over the country” and need to be located, he told CNN.
Those detained were taken into custody by ICE agents in the Chicago area between June 11 and October 7, according to a Wednesday news release from the National Immigrant Justice Center.
Fleming, who led the lawsuit alleging federal agents violated a 2022 settlement agreement over warrantless arrests in the Chicago area, said the organization believes at least 1,100 of the 3,000 arrested people have voluntarily left the country, saying they “gave up” fighting their cases.
In response to the ruling, Department of Homeland Security spokesperson Tricia McLaughlin said the decision is putting the lives of Americans at risk.
“At every turn, activist judges, sanctuary politicians, and violent rioters have actively tried to prevent our law enforcement officers from arresting and removing the worst of the worst,” McLaughlin said in a statement to CNN Wednesday. “Now an ACTIVIST JUDGE is putting the lives of Americans directly at risk by ordering 615 illegal aliens be released into the community.”
CNN has reached out to DHS for comment on whether it plans to appeal Cummings’ order. Meanwhile, government attorneys have requested a stay until next Friday, according to Fleming.
“All of this, all of the tactics of (senior Border Patrol official Gregory) Bovino, all of the tactics of (Immigration and Customs Enforcement) have been unlawful in the vast, vast majority of arrests,” Fleming said.
Gregory Bovino, 55, emerged as the on-the-ground face of President Donald Trump’s effort to surge federal law enforcement into Democratic-led states and cities regardless of whether local officials want them there.
One of those recently arrested was Diana Galeano, a teacher at Rayito de Sol day care in Chicago. Video of her arrest, showing ICE officers running into the day care’s front doors and pulling her out, sparked outrage among parents and local leaders.
Her attorney, Charlie Wysong, applauded Judge Cummings’ ruling, saying it will help a lot of people.
“The detention of so many people with no lawful basis and little way to get a bond hearing without filing a lawsuit has been a great burden on so many families,” Wysong said in a statement to CNN Wednesday.
In a separate ruling Wednesday, US District Judge Jeremy C. Daniel granted a habeas petition filed by Galeano last week, finding her detention unlawful.
“The Court has recognized that Diana and scores of others like her should not be in custody indefinitely,” said Wysong in a statement regarding Daniel’s ruling. “This is an important step on Diana’s path to returning home where she belongs.”
Meanwhile, Bovino left Chicago Thursday morning with his Customs and Border Protection agents and will head next to Charlotte, North Carolina, according to a source familiar with the planning.
That news came days after Bovino was personally called out by US District Court Judge Sara Ellis, who was angered Bovino initially claimed he had used tear gas on protesters only after being hit in the head with a rock, but later acknowledged the assault occurred after his use of force.
“Defendant Bovino admitted that he lied,” Ellis said in a hearing on November 6, the same day she issued a preliminary injunction blocking the use of force against protesters and journalists.
