A federal appeals court is considering whether hundreds of undocumented immigrants arrested in the Chicago area in recent months should be released from detention while they await immigration court hearings.
Last month, U.S. District Judge Jeffrey Cummings ordered the Trump administration to release several hundred detainees on $1,500 bonds. Under that order, individuals would have been monitored using ankle bracelets or smartphone tracking software. Cummings ruled that the U.S. Department of Homeland Security had violated a 2022 federal consent decree limiting warrantless arrests of undocumented immigrants.
The administration appealed the ruling. On Tuesday, attorneys for the government argued before the 7th Circuit Court of Appeals that Cummings exceeded his authority by modifying the consent decree.
At least one judge on the panel, Thomas Kirsch II, criticized Cummings’ decisions, questioning whether the lower court judge had the power to alter the long-standing agreement. Kirsch was appointed by Donald Trump, while Cummings was appointed by Joe Biden.
During oral arguments, Justice Department attorney Benjamin Hayes said the ruling forced the administration to ignore federal law. Attorney Keren Zwick of the National Immigrant Justice Center argued that Cummings was enforcing the consent decree after DHS changed enforcement practices by allowing agents to complete blank I-200 warrant forms at the time of arrest. Cummings had previously ruled that practice was designed to bypass probable-cause requirements.
Judge John Lee questioned the government’s position, saying it was unusual for administrations to change enforcement standards simply by adopting new paperwork.
Arrests Far Exceed Original Scope
The consent decree was scheduled to expire in May, but Cummings extended it through February after a surge in immigration arrests tied to “Operation Midway Blitz.” During that operation, several thousand individuals were detained across the Chicago region.
Cummings later ruled that a new DHS policy requiring mandatory detention for nearly all undocumented immigrants who entered the U.S. without formal admission also violated the decree. That policy followed a September decision from the U.S. Board of Immigration Appeals and a separate ruling by U.S. Supreme Court Justice Brett Kavanaugh allowing officers to consider “apparent ethnicity” when establishing reasonable suspicion.
In November, Cummings said most individuals with active federal cases in Chicago had been arrested at work or while commuting. He noted that many did not match the administration’s description of targeting only the “worst of the worst” offenders.
Although Cummings authorized DHS to identify roughly 450 detainees for potential release, the 7th Circuit halted that order on Nov. 19 while the appeal proceeds.
Separate Lawsuit Over Use of Force Dropped
In a related development, protesters, clergy, and news organizations who sued DHS over the use of riot control weapons during immigration operations said they plan to dismiss their lawsuit. U.S. District Judge Sara Ellis had previously restricted the use of tear gas, flashbangs, and pepper ball projectiles, but the 7th Circuit later stayed her order, calling it overly broad.
Attorneys for the plaintiffs said dismissing the case will prevent higher courts from expanding federal enforcement powers. Operation Midway Blitz ended last month, but immigration agents are expected to return to the Chicago area this spring.