On Thursday, December 11th, the United States Seventh Circuit Court of Appeals ruled to prevent the immediate release of hundreds of undocumented immigrants detained in immigration enforcement actions in the Chicago area, but at the same time allowed an extension of a consent decree that prevents federal immigration enforcement officers from arresting undocumented immigrants without proper documentation.
The Trump administration’s crackdown on undocumented immigrants in the Chicago area has led to the arrest of over 4,000 individuals, garnering significant attention to this consent decree.
The consent decree, which was set to expire earlier this year, has now been extended until February of next year. The federal government had previously challenged the extension in court.
Last week, the appeals court held a hearing on an agreement reached in 2022, outlining how Immigration and Customs Enforcement (ICE) should arrest undocumented immigrants in operations beyond specific targets.
The agreement was originally reached between immigrant rights organizations and the federal government following lawsuits stemming from immigration raids in 2018. It applies to immigrants arrested in six states under ICE jurisdiction, namely Illinois, Indiana, Kansas, Missouri, Kentucky, and Wisconsin.
Last month, District Judge Jeffrey Cummings ruled that the Trump administration had violated the agreement and ordered the release of over 600 undocumented immigrants on bail. However, the appeals court temporarily suspended this order on Thursday. Lawyers state that approximately 450 individuals are still detained.
The appeals court ruled by a vote of 2-1 that Judge Cummings’ blanket release of all detainees without individual assessments constituted an overreach. The ruling also noted that the consent decree delineates the orders that district judges can or cannot issue to balance enforcement and public safety. It criticized the Trump administration for categorizing all arrested undocumented immigrants as individuals who must be detained, deeming this approach incorrect.
The plaintiffs’ lawyers expressed disappointment with the ruling but found solace in the court’s maintenance of the extension to the agreement. The agreement mandates ICE to present necessary documentation each time an undocumented immigrant is arrested. Federal judges in other areas, including Colorado, have also issued rulings restricting arrests without proper documentation.
The plaintiffs’ lawyers revealed that they have gathered information on hundreds of individuals they believe were wrongfully arrested without proper documentation, with many being deported without understanding their rights.
From the summer through the fall, the “Operation Midway Blitz” immigration enforcement action saw the initial weeks marked by the detention of hundreds of immigrants, mostly from the Chicago area.
Karen Zwick from the National Immigrant Justice Center stated, “We will continue our efforts to ensure that those unlawfully detained can return to their families and communities as soon as possible.”
On November 8th, the Department of Homeland Security (DHS) reported that during an immigration enforcement operation in Chicago, Illinois, a male suspect shot at Border Patrol agents before fleeing the scene, with the shooter still at large. DHS noted an increase in violent opposition to federal law enforcement actions, making the situation increasingly dangerous.
(Note: This article references reporting by the Associated Press)