A federal judge has signalled that hundreds of people arrested during immigration enforcement operations in the Chicago area could soon be released on bond while awaiting their immigration hearings.
Legal Breakthrough for Detainees
During a hearing in Chicago on Wednesday 12 November 2025, U.S. District Judge Jeffrey Cummings indicated he would order the immediate release of 13 detained individuals based on a 2022 consent decree governing how U.S. Immigration and Customs Enforcement conducts warrantless arrests.
The judge gave government attorneys until Friday to review a list of 615 people currently detained at county jails and federal facilities nationwide to determine if they qualify for alternatives to detention under the decree. These alternatives could include electronic monitoring via ankle monitors while their immigration cases proceed.
Judge Cummings stated he would issue an order for their release next week and has temporarily paused any deportation proceedings for individuals who might qualify for bond under the consent decree.
Operation Midway Blitz Under Scrutiny
The legal action comes in response to "Operation Midway Blitz," an immigration crackdown that began in September and has resulted in the arrest of more than 3,300 people suspected of immigration violations in Chicago and its suburbs.
Immigrant rights attorneys expressed concern about the rapid pace of proceedings, noting that many of those arrested have already been deported or left voluntarily before they could access legal counsel.
"All of the tactics of ICE have been unlawful in the vast majority of arrests," said Mark Fleming, a lawyer with the Chicago-based National Immigrant Justice Center. "We're concerned they have no access to counsel and no understanding of what their situation is."
Government Opposition and Judicial Findings
Justice Department attorney Will Weiland argued that at least 12 individuals on the list of 615 detainees were considered "high risk" and should not be released into communities. "Nothing has been easy with this case your honor," Weiland told the court.
Judge Cummings had previously determined that ICE violated the consent decree, which requires the agency to show documentation for each arrest it makes for people besides those specifically targeted in an operation.
During Wednesday's hearing, Cummings listed instances where immigration agents arrested people while they were at work, walking outside, or even pulling through drive-thru lanes at fast-food restaurants. "It also seems highly unlikely to me that any of these foreign nationals … fall into the category of what ICE has called the 'worst of the worst,'" he remarked.
The consent decree, which expired earlier this year, has been extended until February. Although its policy on ICE's warrantless arrests applies nationwide, remedies for individual cases have been focused in six states covered by the ICE field office in Chicago: Illinois, Indiana, Kansas, Missouri, Kentucky and Wisconsin.
