Biden-Appointed Judge Poised to Order Mass Release of Illegal Aliens Detained in ICE’s “Operation Blitz” — Thousands Could Be Dumped Back onto Chicago Streets
U.S. District Judge Jeffrey Cummings (Credit: United States District Court for the Northern District of Illinois)
In a major setback for immigration enforcement, a federal judge in Illinois is reportedly preparing to order the release of thousands of illegal immigrants detained during ICE’s “Operation Blitz,” a national effort targeting criminal and repeat immigration offenders.
According to ABC7 Chicago, U.S. District Judge Jeffrey Cummings, a Biden appointee, is weighing whether to issue “equitable relief” that could force federal immigration authorities to place thousands of detainees into so-called “alternatives to detention” programs—such as ankle monitors, smartphone check-ins, and other systems widely criticized by law enforcement as ineffective.
The dispute traces back to the 2022 Castañon Nava settlement, a consent decree that restricts ICE agents from making warrantless arrests in Illinois and several neighboring states. The decree requires agents to determine in advance that there is probable cause to believe someone is in the U.S. illegally and that they present a flight risk. Immigration activists now claim ICE agents violated those terms during recent enforcement actions.
Last month, Judge Cummings ruled that federal agents breached the 2022 settlement’s terms, which limits ICE’s ability to conduct warrantless arrests in the Chicago area.
Attorneys from the National Immigrant Justice Center (NIJC), a progressive advocacy organization, claim that ICE’s arrests of more than 3,000 individuals under “Operation Blitz” violated that agreement.
A Federal Judge is preparing to order potentially thousands of illegals detained by ICE during Operation Blitz in Chicago released back onto the streets
“Attorneys arguing there have been thousands of people arrested in violation of a federal consent decree in the Chicago area —… pic.twitter.com/i3rHDA0xiG
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“Our initial analysis is that it’s over 3,000 arrests,” said Mark Fleming of NIJC. “We’ve started to dig into the case file they produced to us, and the vast majority are violations. If they did not have a prior order of removal, in almost all circumstances, they’ve been uniformly violating the consent decree.”
Attorneys for both sides are working to identify how many arrests under the recent operation fell outside the terms of the settlement. The decree requires ICE to determine probable cause and assess flight risk before any warrantless arrest—steps that advocates claim were ignored in numerous cases, including one involving a Chicago day care.
Meanwhile, lawyers representing the Department of Homeland Security (DHS) have argued that Congress specifically removed the power of federal courts to grant parole or mass release of detainees.
“Congress has vested the authority to grant parole solely with the Secretary of Homeland Security,” government attorneys wrote in their filings. “Federal courts cannot order the Department of Homeland Security to release any aliens on parole because Congress has stripped them of that authority.”
The case could have nationwide implications for immigration enforcement, as President Trump’s administration continues to push for stronger border control and tougher action against repeat immigration offenders.