Appeals Court Pauses Mass Release, Upholds Limits on Warrantless Arrests

A split panel of the 7th U.S. Circuit Court of Appeals today blocked the immediate, blanket release of hundreds of noncitizens arrested in a high profile Chicago area enforcement operation, while at the same time upholding and extending restrictions on warrantless arrests by federal immigration agents. The panel issued a 2 to 1 decision staying U.S. District Judge Jeffrey Cummings’ November order that would have released more than 600 detainees on bond and monitoring pending their immigration proceedings.

The detainees were arrested largely during Operation Midway Blitz, a federal sweep that prompted protests and public gatherings at an Immigration and Customs Enforcement facility in Broadview, Illinois. In October, Judge Cummings extended the Castañon Nava settlement agreement into February, preserving limits on how ICE and related federal agents may carry out warrantless arrests in Illinois and neighboring states. In November, after finding violations of that settlement, Cummings ordered the release of about 600 to 615 people on bond of $1,500 and forms of monitoring including electronic ankle monitors.

The appeals court concluded that the district judge exceeded his authority by ordering a categorical mass release without making individualized assessments required by the consent decree. The panel emphasized that the settlement agreement delineates the framework for when and how detainee releases can be ordered, and held that release determinations must be made on a case by case basis. At the same time, the appeals court affirmed key elements of Cummings’ extension of the Castañon Nava consent decree, and rejected the administration’s argument that all those arrested in the operation were categorically subject to mandatory detention.

The stay leaves hundreds of people in custody while the courts sort out who, if anyone, should be released under individualized review. Reports vary on the number still detained. Advocates for detainees said roughly 450 people remained in custody after the stay. Local coverage cited a pool of potentially releasable people down to 442, and legal observers noted that roughly half of those arrested without a warrant could be eligible for release if a district judge finds their arrests violated the settlement agreement.

Beyond the immediate legal fight, the case carries significant public health and social equity consequences. Detention settings are sites of increased risk for communicable diseases and can strain local health services when people are transferred or released into communities without continuity of care. Electronic monitoring and bond requirements also shape access to medical care, mental health support, stable housing, and employment for detainees and their families. For low income families, a bond of $1,500 can be effectively prohibitive and prolong separation, compounding trauma in communities already subject to heavy enforcement.

The appeals order preserves procedural protections while maintaining the government’s ability to enforce immigration laws, leaving lower court judges with the task of conducting individualized assessments consistent with the consent decree. The litigation is likely to continue as the government considers further appellate options and advocates press for speedy reviews that account for health needs and the disproportionate effects of enforcement on vulnerable communities.