Federal judge orders DHS to review and potentially release hundreds detained in Chicago immigration raids
A federal judge in Chicago directed the Department of Homeland Security to identify—and in many cases release—hundreds of people detained during “Operation Midway Blitz,” finding likely violations of a standing consent decree that restricts warrantless immigration arrests in the Midwest. The order, issued late Wednesday, requires the immediate unconditional release of 13 detainees and sets up bond or alternatives-to-detention for as many as 615 others not subject to mandatory detention—an immediate legal and political jolt to the administration’s enforcement campaign in and around Chicago. (Washington Post: https://www.washingtonpost.com/immigration/2025/11/12/dhs-judge-castanon-nava-release/). [1]
- Who: U.S. District Judge Jeffrey Cummings; DHS, ICE/CBP; civil-rights plaintiffs led by NIJC and ACLU of Illinois. [2]
- What: Immediate release of 13 detainees; case-by-case review and likely release on bond/ATD for up to 615 additional detainees. [3]
- Why it matters: Enforces the Castañon Nava consent decree’s limits on warrantless arrests; tests the scope of federal enforcement tactics under “Operation Midway Blitz.” [4]
- When: Order issued November 12, 2025; compliance deadlines in mid- to late November. [5]
- Where: Northern District of Illinois; impacts arrests across parts of the Midwest covered by the decree. [6]
What the ruling does, specifically
- Unconditional release of 13 individuals whose arrests DHS conceded violated the decree—by Friday, November 14. (Washington Post: https://www.washingtonpost.com/immigration/2025/11/12/dhs-judge-castanon-nava-release/; NBC Chicago: https://www.nbcchicago.com/investigations/hundreds-of-individuals-detained-by-ice-cbp-in-chicago-to-be-released-judge/3850794/). [7]
- Potential release on bond or placement into alternatives to detention (ATD) for roughly 615 detainees arrested between June 11 and October 7 who are not subject to mandatory detention. (Washington Post; Politico: https://www.politico.com/news/2025/11/12/judge-operation-midway-blitz-chicago-ice-00649104). [8]
- Applies the Castañon Nava consent decree requirements—documentation and probable cause standards for warrantless arrests—across the covered states (IL, IN, WI, MO, KY, KS). [9]
The legal backbone: the Castañon Nava consent decree
The consent decree, reached in 2022 and extended in October 2025, compels ICE to meet strict documentation and probable-cause thresholds for any warrantless immigration arrest in covered jurisdictions. Last month, the court found 22 violations by ICE earlier this year and ordered additional reporting, training, and reissuance of the agency’s “Nava Warrantless Arrest Policy.” (NIJC press release: https://immigrantjustice.org/press-release/federal-judge-extends-consent-decree-prohibiting-ice-from-arresting-people-without-warrants-or-probable-cause/). [10]
| What the decree requires | What plaintiffs say happened under “Midway Blitz” |
|---|---|
| Probable cause plus prompt production of arrest documents when no warrant is used. [11] | Warrantless arrests with delayed or missing paperwork, sweeping up individuals with no criminal record. (Washington Post; NBC Chicago). [12] |
| Training and reissuance of internal policy; ongoing compliance reporting. [13] | Plaintiffs allege repeated noncompliance and sought court-enforced releases and reporting. (Washington Post). [14] |
Inside “Operation Midway Blitz”
Stated aims versus courtroom scrutiny
DHS launched “Midway Blitz” to target undocumented immigrants with criminal records, tallying roughly 3,000 arrests since summer, according to agency figures cited in court. Yet federal judges in Chicago have recently restricted federal agents’ crowd-control tactics—finding government witnesses not credible in parts—and admonished the use of tear gas and less-lethal force near protests and neighborhoods. (Reuters: https://www.reuters.com/legal/government/us-judge-rejects-governments-riot-claims-restricts-federal-agents-use-force-2025-11-06/; Washington Post). [15]
Arrests to date
~3,000 arrests claimed by DHS during the operation. (Washington Post). [16]
Immediate releases
13 unconditional releases by court order; hundreds more likely shifted to bond/ATD review. (Washington Post; Politico). [17]
Consent decree scope
Applies across IL, IN, WI, MO, KY, KS; extended to February 2026 after earlier violations. (NIJC). [18]
State response
Illinois created an Accountability Commission to document federal agents’ conduct during “Midway Blitz.” (Illinois Executive Order 2025-06: https://www.illinois.gov/government/executive-orders/executive-order.executive-order-2025-06.2025.html). [19]
Competing narratives and political stakes
The administration’s case
“ACTIVIST JUDGE … putting the lives of Americans directly at risk by ordering 615 illegal aliens be released into the community.” — DHS spokesperson Tricia McLaughlin, responding to the court order (Washington Post). [20]
Administration officials argue the operation targets “the worst of the worst” and that court-imposed release orders undermine public safety. They are expected to seek relief on appeal and may request stays of portions of the order. (Washington Post; Politico). [21]
Civil-rights advocates’ view
“Ensuring ICE has probable cause to make an arrest is more important than ever … This decision gives us tools to hold DHS and ICE accountable.” — Mark Fleming, NIJC (NIJC press release). [22]
Advocates frame the ruling as a straightforward application of Fourth Amendment principles and prior court orders, emphasizing that detainees cannot be held when the government fails to meet basic legal thresholds. (NIJC; NBC Chicago). [23]
Illinois officials’ response
Illinois leaders, including Sen. Dick Durbin, have denounced “Midway Blitz,” citing video evidence of “recklessness” and due-process violations; the state has also launched a commission to gather public evidence and propose policy remedies. (Durbin press release: https://www.durbin.senate.gov/newsroom/press-releases/after-bovino-appears-in-court-in-chicago-durbin-again-denounces-operation-midway-blitz-as-wreaking-havoc-on-illinois-communities; Illinois Executive Order). [24]
Compliance deadlines and what to watch next
- Unconditional releases by Friday, November 14; bond/ATD placements and reporting into late November, per court directives. (Washington Post; NBC Chicago). [25]
- Potential government motion to stay or narrow the order while appealing; additional rulings on use-of-force restrictions stemming from related litigation. (Reuters; Politico). [26]
- State-level oversight via Illinois’ Accountability Commission; possible legislative inquiry at the federal level as Congress reviews DHS enforcement practices post-shutdown. (Illinois Executive Order). [27]
Context: a broader test of enforcement tactics and constitutional limits
Wednesday’s order sits within an intensifying clash over the administration’s interior enforcement strategy. Federal courts have curtailed certain tactics—body-camera mandates, clear identification requirements, and limits on crowd-control weapons—while litigants press for adherence to probable cause documentation and prompt disclosure for any warrantless arrest. Together, these rulings shape the operational envelope for ICE/CBP in large urban areas. (Reuters; NIJC). [28]
Legal
The decree’s extension and the court-ordered releases underscore that federal immigration enforcement remains bounded by Fourth Amendment norms and court-ordered compliance—even during large-scale operations. [29]
Operational
Releases shift pressure onto ATD capacity, local case-management systems, and ICE field offices to meet documentation standards under tight deadlines. [30]
Political
The ruling gives fuel to both sides: Republicans warn of public-safety risks; Democrats and advocates highlight due-process violations and overreach—setting up oversight fights in Congress and statehouses. [31]
Precedent
If upheld on appeal, the order could become a template for litigants challenging similar mass-arrest operations in other circuits. [32]
Bottom line
Judge Cummings’s order is a concrete, near-term check on a marquee enforcement campaign, forcing DHS to align arrests with the consent decree’s standards and to expedite releases where the law does not support detention. Expect rapid legal maneuvering, compliance reporting, and intensified political messaging as deadlines hit in the coming days. 🗳️⚖️ [33]
References
- Washington Post, “Judge orders DHS to determine if hundreds of immigrants should be released” (Nov. 12, 2025): https://www.washingtonpost.com/immigration/2025/11/12/dhs-judge-castanon-nava-release/. [34]
- Politico, “Judge orders release of over 300 ‘Operation Midway Blitz’ detainees” (Nov. 12, 2025): https://www.politico.com/news/2025/11/12/judge-operation-midway-blitz-chicago-ice-00649104. [35]
- NBC Chicago, “Hundreds of individuals detained by ICE, CBP in Chicago could be released: Judge” (Nov. 12, 2025): https://www.nbcchicago.com/investigations/hundreds-of-individuals-detained-by-ice-cbp-in-chicago-to-be-released-judge/3850794/. [36]
- NIJC press release, “Federal Judge Extends Consent Decree …” (Oct. 2025): https://immigrantjustice.org/press-release/federal-judge-extends-consent-decree-prohibiting-ice-from-arresting-people-without-warrants-or-probable-cause/. [37]
- Reuters, “US judge … restricts federal agents’ use of force in Chicago” (Nov. 6, 2025): https://www.reuters.com/legal/government/us-judge-rejects-governments-riot-claims-restricts-federal-agents-use-force-2025-11-06/. [38]
- Office of Illinois Governor, Executive Order 2025-06 (Oct. 2025): https://www.illinois.gov/government/executive-orders/executive-order.executive-order-2025-06.2025.html. [39]
- Sen. Dick Durbin (D-IL) press release (Oct. 28, 2025): https://www.durbin.senate.gov/newsroom/press-releases/after-bovino-appears-in-court-in-chicago-durbin-again-denounces-operation-midway-blitz-as-wreaking-havoc-on-illinois-communities. [40]
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