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Court Ruling Forces Government to Release Hundreds Detained in Chicago Immigration Operations

The ruling sets deadlines for the Department of Homeland Security to turn over reports on more than 600 detainees and release 313 immigrants arrested without warrants.

ICE agents, during a raid.

ICE agents, during a raid.AFP

Sabrina Martin
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Afederal judge ordered the releaseof more than 300 people detained in immigration operations conducted by the government in the Chicago, after finding that the arrests made during the so-called "Operation Midway Blitz" violated an existing court agreement prohibiting warrantless arrests.

The ruling and its deadlines

The ruling, issued by U.S. District Judge Jeffrey Cummings, sets three deadlines for the Department of Homeland Security(DHS). By Friday, the government must release on bond 13 detainees arrested by Immigration and Customs Enforcement (ICE) in Illinois and held in Texas, Missouri and other states.

By Nov. 19, DHS must submit detailed reports on 615 individuals detained without warrants between June and early October, and by Nov. 21, release 313 immigrants considered low flight risk and whose detention violated the Castañon-Nava agreement.

Those not considered a risk to public safety may be released on $1,500 bail and will be subject to electronic monitoring, including GPS ankle devices.

On the other hand, those classified as high risk must remain in federal custody.

Allegations of violation of a federal decree

Attorneys for the plaintiffs claim that as many as 300 immigrants were arrested without warrants and remain unjustly detained, many of them without criminal records.

They argue that the detentions violate the federal Castañon-Nava consent decree, which limits how agencies can make immigration arrests.
For his part, Justice Department attorney William Weiland called the ruling "quite significant" and asked the judge to immediately stay any release orders while he consults with his superiors.
Prosecutors also warned that gathering the necessary documentation will be "a significant challenge" and that they could appeal the decision.
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