A federal judge in Chicago has ordered the Department of Homeland Security (DHS) to release more than 600 immigrants detained at a suburban facility, sharply criticizing the agency for “repeated, material violations” of a consent decree that limits who may be held under U.S. immigration law.
U.S. District Judge Jeffrey Cummings ruled that the detainees at the Broadview ICE center must be released “on bond and into ICE’s Alternatives to Detention (ATD) program” by Nov. 21. In his decision, he pointed to what he described as a “pattern of unlawful arrests and confinement.”
The case, Margarito Castañon Nava v. DHS, argues that federal agents detained individuals who were not subject to mandatory detention or final removal orders — conduct prohibited by a 2021 decree that remains in effect.
Cummings’ ruling also cited what he called “unsafe and unsanitary” conditions within the facility, noting reports of overcrowding and cells near “overflowing toilets.” He further argued that DHS’s recent shift in detention policy represented a “180-degree change” from past legal standards.
The order could lead to one of the largest single-day releases of ICE detainees in Illinois in recent years, including hundreds arrested during “Operation Midway Blitz,” a Trump-era enforcement action that drew strong pushback from immigration advocates.
“Today was a good day as the court ordered the immediate release of 13 people who have been wrongfully arrested and detained by federal immigration officials,” said Michelle Garcia, deputy legal director at the ACLU of Illinois, in a statement. “More than 600 others may soon walk free as the court enforces our agreement with the federal government — a step toward accountability for years of unlawful arrests.”
DHS officials issued a forceful response, accusing the court of compromising public safety.
“At every turn, activist judges, sanctuary politicians and violent rioters have actively tried to prevent our law enforcement officers from arresting and removing the worst of the worst,” Tricia McLaughlin, assistant secretary for Public Affairs at DHS, told Fox News Digital. “Now an activist judge is putting the lives of Americans directly at risk by ordering 615 illegal aliens be released into the community.”
Cummings instructed DHS to identify any detainees considered “high public safety risks” who may continue to be held, and to provide a compliance report to the court by Nov. 24.
