A federal appeals court has temporarily blocked the release of hundreds of individuals detained during the “Operation Midway Blitz” in the Chicago area. This decision comes as the court evaluates whether the government violated a consent decree that prohibits warrantless arrests in specific circumstances. Each detainee’s case will undergo individual assessment, as mandated by the court.
U.S. District Judge Jeffrey Cummings previously ordered the release of hundreds of migrants arrested under the Department of Homeland Security’s (DHS) operation, citing potential violations of a 2022 consent decree. This ruling requires that 13 individuals be released by noon on Friday, with an additional 615 individuals set to enter “alternatives-to-detention” by November 21, 2025, unless the government decides to appeal.
The National Immigrant Justice Center (NIJC) reported that the 615 individuals were detained by Immigration and Customs Enforcement (ICE) agents between June 11 and October 7, 2025. Those placed under alternatives-to-detention will remain outside of a detention facility but will be monitored while their legal circumstances are assessed. Attorney Michelle Garcia from the ACLU remarked, “This will allow a lot of people to return to their communities because they never should have been arrested in the first place.”
Judge Cummings has also directed the Trump administration to provide additional details regarding all arrests made since October 7. This information will assist in determining whether any of those individuals were unlawfully apprehended and to cease ongoing deportation proceedings for those awaiting release. Detainees with prior removal orders or those deemed a significant public risk will not qualify for release.
Garcia emphasized the importance of adhering to the consent decree, stating, “If Customs and Border Patrol and ICE had merely followed federal law and our consent decree, there would be nothing for him to order.” The Castañon Nava consent decree, which remains in effect until February 2026, limits federal immigration agents in Illinois and five neighboring states from conducting warrantless arrests unless they have credible reasons to suspect a person is in the country illegally and poses a flight risk.
In response to Judge Cummings’ order, a spokesperson for DHS criticized the ruling, claiming it jeopardizes public safety. Assistant Secretary Tricia McLaughlin stated, “Now an activist judge is putting the lives of Americans directly at risk by ordering 615 illegal aliens to be released into the community.”
The judge has tasked the Department of Justice with reviewing all arrests from October 7 onward that may fall under the same warrantless arrest violations. Mark Fleming of the NIJC believes that these unlawful arrests are not isolated incidents, suggesting that many more individuals may be affected. “I think our review will show that this whole operation… has all been unlawful,” he stated.
So far, attorneys estimate that over 3,000 arrests may have occurred in violation of the consent decree. Fleming indicated that ICE has provided a list of 3,800 individuals and U.S. Customs and Border Protection has submitted a list of 1,200, but he cautioned that there could be overlapping entries.
Government attorneys representing DHS argue that Congress has limited federal courts’ authority to grant parole to large groups of immigrants in ICE custody. They maintain that the Secretary of Homeland Security has sole discretion over such matters. As the case unfolds, the potential for further releases remains, contingent on the findings of ongoing reviews concerning the legality of the arrests made during Operation Midway Blitz.
