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Federal appeals court temporarily halts release of hundreds of 'Operation Midway Blitz' detainees in Illinois

Madeline Buckley and Jason Meisner, Chicago Tribune on

Published in News & Features

CHICAGO — A federal appeals court has temporarily halted the release on bond of hundreds of immigrants whose arrests during Operation Midway Blitz are being challenged under a consent decree that limits so-called warrantless arrests that occur without a prior warrant or probable cause.

U.S. District Judge Jeffrey Cummings had allowed their release on a $1,500 bond and some form of monitoring, including electronic ankle monitors, pending the outcome of immigration proceedings. Most of those arrested were originally processed at the U.S. Immigration and Customs Enforcement facility in west suburban Broadview, but have since been moved to jails around the country.

But the Trump administration has asked an appeals court to block the release Friday of some 450 Chicago-area immigration arrestees, arguing the judge made a “bevy of legal errors” that put public safety at risk and “cripple” immigration enforcement.

“The district court’s orders subject the government to burdensome, costly and intrusive mandates — including training, documentation and reporting requirements — and cripple the government’s renewed implementation of the nation’s immigration laws after years of non-enforcement,” the administration argued.

Just a day before the order was set to take effect, the 7th U.S. Circuit Court of Appeals on Thursday stayed Cummings’ order pending further review. It set arguments for Dec. 2.

The order comes nearly a week after the Trump administration released the names of 614 people whose Chicago-area immigration arrests may have violated the consent decree. The list provided criminal history information for only 16 that the government argued were a “high public safety risk.” About 40 others were listed has high risk without a detailed justification.

 

Controversial tactics by immigration agents had led to the arrests of thousands in the Chicago area during the administration’s “Operation Midway Blitz,” at times sweeping up people on the way to work, school and outside of courthouses.

In explaining his decision, Cummings read from a summary he and his law clerks compiled from more than 150 ongoing immigration petitions in federal court, where arrestees were challenging deportation. He said the circumstances of the arrests showed him that, by and large, Operation Midway Blitz was not targeting hardened criminals.

Of them, Cummings said, 54 people were arrested while at work, including 20 landscapers, four Uber or taxi drivers, and two street vendors. Another 20 were arrested while commuting to or from work, and nine were detained at a Home Depot or Menards, where they were presumably either seeking work or buying job supplies, the judge said.

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