A federal judge in Chicago has mandated the Department of Homeland Security (DHS) to release over 600 immigrants held at a detention center in the suburbs, criticizing the agency for “repeated, material violations” of a consent decree approved by the court. This decree had established limits on who could be detained under U.S. immigration laws.
Judge Jeffrey Cummings of the U.S. District Court ruled that the detainees at the Broadview ICE facility must be released “on bond and into ICE’s Alternatives to Detention (ATD) program” by November 21. He cited a “pattern of unlawful arrests and confinement” in his decision.
This ruling originates from the class-action lawsuit Margarito Castañon Nava v. DHS. The lawsuit alleged that federal agents had unlawfully detained hundreds of migrants who were not subject to mandatory detention or final removal orders, thereby violating a 2021 decree from the Biden administration that was inherited by the Trump administration.
In his judgment, Cummings criticized DHS for detaining migrants in “unsafe and unsanitary” conditions, noting that detainees were kept in overcrowded spaces with “overflowing toilets.” He also condemned the department’s recent shift in detention policy as a “180-degree change” from previous legal interpretations.
Judge orders the release of over 600 immigrants from an Illinois ICE facility. (Image: Jamie Kelter Davis/Getty Images)
This decision could lead to the largest single-day release of ICE detainees in Illinois in recent years, as it involves freeing hundreds of individuals arrested during “Operation Midway Blitz.” This operation, carried out under the Trump administration, has been criticized by immigration activists for causing trauma in communities throughout the Chicago area.
“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. “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.”
But DHS officials sharply condemned the ruling, accusing the court of undermining national security and law enforcement.
Police take two people into custody, as tear gas fills the air after it was used by federal law enforcement agents who were being confronted by community members and activists for reportedly shooting a woman in the Brighton Park neighborhood on October 4, 2025 in Broadview, Illinois. (Scott Olson/Getty Images)
“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.”
Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago on October 28. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)
Cummings has ordered DHS to identify detainees considered “high public safety risks” who may remain in custody and to file a compliance report by Nov. 24.
