Judge orders ICE to release 300+ detained immigrants
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ACLU Illinois attorney Michelle Garcia is among the lawyers suing the Department of Homeland Security for illegal immigration detentions. Photo: Monica Eng/Axios
District Judge Jeffrey Cummings on Wednesday afternoon ordered the release of at least 313 people detained by U.S. Immigration and Customs Enforcement between June and early October.
Why it matters: This outcome, in response to a lawsuit filed by the ACLU of Illinois and the National Immigrant Justice Center, validates some of the recent accusations of ICE violations and could create a template for other legal action across the country.
Driving the news: Cummings has ordered the Department of Homeland Security to immediately release 13 detainees held in Texas, Missouri and other states that both the government and plaintiffs agree were detained in violation of the Castañon Nava settlement that prohibits warrantless immigration arrest in Illinois.
- By Friday, DHS must hand over documents showing the status and flight risk of 615 people the plaintiffs suspect ICE arrested in the state without a warrant between June and early October.
- By Nov. 19, DHS must provide an up-to-date list of people both Border Patrol and ICE have arrested in Chicago.
- By Nov. 21, DHS must release on bond into a monitoring program at least 313 people whom the plaintiffs suspect were arrested in violation of the agreement and the government deems low risk for flight. They'll remain free on bond until the merits of their cases can be assessed.
What they're saying: "Today was a really great day," said ACLU Illinois attorney Michelle Garcia after the hearing.
- "This will allow a lot of people to return to their communities because they never should have been arrested in the first place."
The other side: Lawyers for the government said it will present "a significant challenge" to gather the required documents and have not ruled out appealing the judge's order.
- They also noted that at least 12 people among the 615 arrested in Chicago by ICE from June to early October are considered high flight risks.
- Cummings said he would keep high-risk individuals detained and that any person released who violates the terms of the program will be sent back to detention.
The bottom line: Cummings stressed that it's not his job to make federal policy, just to enforce the law.
- "There would be nothing for me to do if the arrests of the people here were done in accordance with the agreement," he said. "But in the event that there are allegations that the people are arrested in violation of this consent decree, I will react and take appropriate actions."
What's next: The first 13 detainees could be released as soon as this week.