The judge said that 615 detained illegal immigrants were not subject to mandatory detention and did not have final removal orders.
A federal judge ruled Nov. 13 that hundreds of illegal immigrants held by ICE in Illinois may be released on bond and ordered the Department of Homeland Security (DHS) to assess whether they pose any safety risk to the public.
U.S. District Judge Jeffrey Cummings of the Northern District of Illinois issued the ruling in response to a lawsuit filed by the National Immigrant Justice Center (NIJC) and the American Civil Liberties Union (ACLU) of Illinois on behalf of people arrested during “Operation Midway Blitz,” a federal immigration enforcement operation targeting illegal immigrants.
More than 3,000 illegal immigrants were arrested between June and October, including those arrested in connection with the operation, according to court documents.
Among them, 615 individuals were not subject to mandatory detention and did not have final removal orders, the ruling states. DHS had argued that all of those detained in the operation fell under mandatory detention.
The judge rejected this argument and ordered DHS to release, by Nov. 21, those individuals from the group of 615 who are still in custody and not deemed a “high public safety risk,” on a $1,500 bond and into ICE’s Alternatives to Detention program.
Their deportation proceedings would be put on hold until the next business day following their release, Jeffrey said.
“Plaintiffs assert that many class members are choosing to voluntarily depart to escape the unsafe and unsanitary conditions that they have been subjected to while in ICE operation,” Jeffrey said in his ruling.
The judge also ordered the department to immediately release 13 individuals who were arrested by ICE in violation of the consent decree during the operation.
Jeffrey noted that DHS must also provide the plaintiffs’ counsel with the names and threat levels of all individuals arrested since June, no later than Nov. 19, according to the ruling.
Mark Fleming, associate director of litigation at NIJC, praised the ruling, saying the judge’s decision will ensure detained illegal immigrants have a fair chance at due process.
