Chicago immigration enforcement: Warrantless arrests by ICE agents in Chicago area ruled unlawful by federal judge

CHICAGO (WLS) — A U.S. District Judge has ruled Immigration and Customs Enforcement (ICE) agents violated a previously agreed-upon consent decree over warrantless arrests in the Chicago area and unlawfully detained more than two dozen people in the first months of President Donald Trump’s second administration.

“Collateral arrests” or people arrested while ICE agents are patrolling the street, often without a previously signed warrant, have been a major tactic deployed during the local immigration enforcement crackdown branded “Operation Midway Blitz.”

Now, U.S. District Judge Jeffrey Cummings has imposed limits on when agents can make those kinds of arrests as part of an extended consent decree that will last until Feb. 2, 2026.

Cummings also imposed reporting requirements for ICE to share how many people are being arrested in the Chicago area without a warrant.

In an emailed statement, U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said, “DHS complies with all lawful court orders and is addressing this matter with the court.”

The ABC7 I-Team has been following this case closely after attorneys with the National Immigrant Justice Center (NIJC) and the ACLU of Illinois accused DHS and ICE in March of violating the 2022 Castañon Nava settlement after the warrantless arrest of 26 individuals during the first weeks of President Donald Trump’s second administration.

Those kinds of arrests have ramped up significantly in the last month, said NIJC attorney Mark Fleming.

“What we have seen now to a much larger scale is federal agents indiscriminately stopping and arresting people without warrants and without probable cause required by federal immigration laws,” Fleming said on Wednesday.

The Castañon Nava consent decree or settlement applies to ICE arrests in Illinois and five neighboring states. It was named after the original plaintiff in the 2022 lawsuit, Margarito Castañon Nava.

While the remedies ordered by Cummings apply only to the six-state region of the Chicago Field Office, the NIJC said the consent decree’s policy applies nationwide.

According to the Castañon Nava settlement, ICE agreed to certain conditions for arresting someone in the Chicago area without a warrant, including pre-determining whether there is probable cause to believe the person is in the country illegally, and whether they are also a flight risk; two requirements that immigrant advocates say have been flouted in at least 200 documented cases, according to Fleming.

Among the plaintiffs arrested unlawfully by ICE this year and cited in the NIJC’s case is 47-year-old Abel Orozco-Ortega, a father who was arrested on Jan. 26 after living in the U.S. for nearly 30 years, his family previously shared with the I-Team.

Orozco-Ortega has no criminal history, his attorneys told the I-Team, only a removal order from 2004 after he visited his father in Mexico and returned to the country without applying for asylum or citizenship.

“He was the main provider,” said Eduardo Orozco, Abel’s son, earlier this year. “He was the one who paid all of the bills and bought all of the food and everything. So having him gone, it’s hard.”

As the I-Team previously reported, according to ICE’s arrest report for Orozco, which was provided to the I-Team by his attorney, agents did not have a warrant for him at the time he was detained.

In fact, after pulling Orozco over and detaining him, agents eventually realized they had the wrong person.

Agents “reviewed the [original] target’s case and observed that the date of birth was not consistent with the [driver’s license Orozco] provided,” the report states.

The ICE agents’ warrant was not for Abel Orozco, it was for his oldest son, the report notes. But after checking DHS systems and finding a decades-old removal order for the father, agents prepared a new warrant on the spot after carrying blank warrant forms for such an occasion.

ICE agents were taught how to do this at the ICE Academy, according to attorneys for the NIJC and as seen in training materials shared with the I-Team.

An attorney representing DHS had previously argued this training was lawful, and that even though agents carried blank warrants, an agent supervisor was required to sign it.

In his order, Judge Cummings noted ICE’s legal arguments for carrying blank warrant forms for collateral arrests are “meritless,” and in the case of Orozco’s arrest, the warrant issued after he was detained was “invalid.”

ICE records show Orozco remains in federal custody at a detention facility in Kentucky.

The NIJC says it will seek the release of hundreds of people they claim were unlawfully arrested, including men arrested during a raid in Elgin where Homeland Security Secretary Kristi Noem was present, and a family detained in Millennium Park last month.

All those arrests are examples of what Cummings ruled is an ongoing pattern of ICE violating the terms of the consent decree.

“If they [ICE] made a warrantless arrest, they need to justify and document the specific information justifying that warrantless arrest,” Fleming said during a Wednesday news conference.

ABC7 Chief Legal Analyst Gil Soffer says the government is likely to appeal the ruling.

“We’ll see if it changes operations on the ground. [Cummings] is certainly sending a shot across the bow,” Soffer said. “If it’s going to be abided by… that’s going to slow things down and really impose rigor around the process.”

The order requires all immigration officers who violated the consent decree to be retrained, and for DHS to share with the court the “names, A-numbers, and arrest documents for all individuals arrested without warrants since June in the Northern District of Illinois, and to provide that same reporting monthly going forward,” the NIJC said.

During a Wednesday news conference on the order, immigrant advocates were intensely emotional over the ruling win.

Fighting back tears, Xanat Sobrevilla with Organized Communities Against Deportation said the ruling has raised spirits.

“To our Black and Brown people and immigrants, it does not always seem like this Earth wants us,” Sobrevilla said. “But we want us, and that can be enough.”

Copyright © 2025 WLS-TV. All Rights Reserved.

You May Also Like

US Marine arrested in Japan over suspected killing of woman as Tokyo lodges 'strong protest'

US Marine Arrested in Japan Over Woman’s Killing; Tokyo Protests

A U.S. Marine stationed in Japan has been arrested on suspicion of…
Shooting near Baltimore youth football event leaves 12-year-old girl dead, 3 adults wounded

12-Year-Old Girl Killed, 3 Adults Wounded Near Baltimore Youth Football Event

A 12-year-old girl was killed and three adults were injured after two…
4 teens arrested in fatal shooting of Nashville high school student after football game

4 Teens Arrested in Fatal Shooting of Nashville Student Post-Game

Four teenagers have been arrested in connection with a drive-by shooting that…
Lynette Hooker case far from ‘put to rest’ 6 months later as feds quietly reconstruct scene: former FBI agent

Lynette Hooker Case Still Unresolved as Feds Reconstruct Scene

“This is not a matter that has been closed,” said Nicole Parker,…
Florida teacher accused of dragging seventh-grader 20 feet by the arm out of classroom

Florida Teacher Accused of Dragging 7th-Grader 20 Feet From Classroom

A veteran Florida middle school teacher is facing a child abuse charge…
Ted Cruz fires back at 'insecure' JD Vance as the two trade barbs over 2028

Sen. Ted Cruz Calls Vice President JD Vance ‘Insecure’ in 2028 Feud

WASHINGTON — Texas Sen. Ted Cruz pushed back against Vice President JD…
Police arrest teens, charge parent after fight involving nearly 250 teens at Illinois Raising Cane's

Illinois Police Arrest Teens, Charge Parent in 250-Teen Cane’s Fight

Several fights erupted after a high school football game as roughly 250…
Two killed, dozens hospitalized in mass shooting at homecoming party in Georgia

Two Killed, Dozens Hospitalized After Georgia Homecoming Shooting

A homecoming block party in a Georgia town ended in deadly violence…
Nobu Malibu chef killed in crash after teen driver hits parked car on PCH

Nobu Malibu Chef Killed After Teen Driver Hits Parked Car on PCH

A veteran chef from the renowned Nobu Malibu was killed early Saturday…
Flydubai Co-Pilot Asked to Pray, then Axed Captain — Al-Qaeda Urges More Attacks

Flydubai Co-Pilot Asked to Pray, Axed Captain; Al-Qaeda Urges Attacks

The captain of the Flydubai jet involved in Wednesday’s attempted hijacking said…
Supreme Court to weigh energy companies' bid to end Boulder climate-change lawsuit

Supreme Court to Consider Energy Companies’ Bid to Dismiss Boulder Climate Lawsuit

Washington — The Supreme Court returns Monday for its first session since…
Energy Secretary Chris Wright says Trump was

U.S. Energy Secretary Chris Wright Says Trump Was Right

Washington — Energy Secretary Chris Wright said Sunday that President Trump understood…