A federal judge has ordered the release of hundreds of individuals currently detained by U.S. Immigration and Customs Enforcement (ICE) in Illinois, ruling that their arrests during a recent enforcement operation may have been unlawful and violated a federal court order. This decision comes amid concerns raised by immigrant rights advocates and legal organizations about the legality of ICE’s arrest tactics during what has been called Operation Midway Blitz.
The operation, which took place primarily in Chicago and other parts of Illinois, involved the detention of thousands of people by ICE agents. Attorneys from the National Immigrant Justice Center and the ACLU of Illinois have condemned these arrests, arguing that they were conducted without proper warrants or probable cause. According to these advocates, ICE agents violated a 2022 federal court order known as the Castañon Nava Consent Decree. This decree restricts ICE’s ability to make arrests based solely on fears that a suspect might flee before obtaining a warrant, requiring agents instead to follow stricter guidelines.
The issue of ICE’s adherence to the consent decree has been contentious for some time. On October 8, 2025, a federal court extended the consent decree until at least February 2, 2026. In that ruling, the court pointed out multiple violations by the Department of Homeland Security (DHS) and ICE. More troubling was the revelation that during the summer, these agencies had incorrectly informed field offices that the consent decree had been canceled, which was not the case. This misinformation potentially encouraged ICE agents to conduct arrests in ways that contradicted the court’s restrictions.
At a hearing held on November 12, 2025, U.S. District Court Judge Jeffrey Cummings issued several orders that could lead to the release of a large number of detainees in the coming weeks. First, Judge Cummings directed the immediate release—by Friday, November 14—of 13 people specifically identified by the plaintiffs as having been unlawfully detained. The government conceded that these particular detentions violated the consent decree. Lawyers representing the detainees expressed optimism that these individuals would be freed within 48 hours, and stressed that their release would be without bond, meaning they would not have to pay to secure their freedom.
In addition to this immediate release, Judge Cummings ordered that 615 people detained by ICE between June 2 and October 7 be transitioned from detention centers into the agency’s Alternatives to Detention (ATD) programs. These programs allow individuals to remain in the community under supervision, such as electronic monitoring or regular check-ins, while their immigration cases continue to be processed. These detainees are to be released by November 21, 2025, on bonds set at $1,500. Although these individuals will remain technically in ICE custody while in ATD programs, they will no longer be physically detained.
However, attorneys for the detainees raised concerns that some individuals ordered to be released may have already self-deported or been deported by the government, potentially reducing the number of people who will actually leave detention facilities. The exact count of people still in custody who are subject to release remains unclear at this time.
Further complicating the situation, Judge Cummings ordered the government to produce a comprehensive list of everyone detained by both ICE and U.S. Customs and Border Protection (CBP) agents through the present day. This list, due by November 19, is expected to include more than 3,000 individuals and must contain detailed information such as names, countries of origin, arrest dates, and risk assessments. The plaintiffs’ attorneys plan to review this list carefully to identify additional people who may have been wrongfully arrested in violation of the consent decree and will seek their release as well.
Mark Fleming, an attorney with the National Immigrant Justice Center, expressed strong criticism of ICE’s recent enforcement tactics. He suggested that the review of arrest records would reveal a pattern of unlawful conduct over the past two months, describing the operation as a “terrorizing” and “brutalizing” effort against immigrant communities. Fleming emphasized that the majority of arrests made during Operation Midway Blitz lacked legal justification and violated court orders, and he asserted that any future enforcement activities must comply strictly with the consent decree’s restrictions.
The government, meanwhile, is expected to identify individuals from the list whom they believe pose risks to public safety or may attempt to flee. ICE will argue for these individuals to remain in detention. Judge Cummings indicated that he will honor such requests as long as they do not