Judge that ordered release of 600 Chicago illegal immigrants slammed by DHS as activist putting lives at risk
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A federal judge in Chicago has mandated the release of over 600 undocumented immigrants from a detention center in the suburbs, criticizing the Department of Homeland Security (DHS) for continuous and substantial breaches of a court-sanctioned agreement that restricts who can be detained under U.S. immigration regulations.

U.S. District Judge Jeffrey Cummings has decreed 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” as the basis for his decision.

This order is a result of the class-action lawsuit Margarito Castañon Nava v. DHS, which alleges that federal agents illegally detained numerous migrants who were not subject to mandatory detention or final removal orders. This act contravenes a 2021 decree established during the Biden administration and later adopted by the Trump administration.

In his ruling, Judge Cummings criticized the DHS for detaining migrants in “unsafe and unsanitary” conditions, highlighting that detainees were held in overcrowded spaces near “overflowing toilets.” He also noted that the department’s recent shift in detention policy marked a “180-degree change” from prior legal interpretations.

Exterior view of ICE facility in Illinois.

The judge’s decision requires the release of over 600 undocumented immigrants from the Illinois ICE facility, illustrating significant legal pushback against current detention practices.

The decision could force the largest single-day release of ICE detainees in Illinois in years, freeing hundreds arrested during “Operation Midway Blitz”, a Trump enforcement sweep that immigration activists claim traumatized communities across 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.

Federal agents in camouflage uniforms clash with Broadview anti-ICE protestors.

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.”

U.S. Border Patrol Commander Gregory Bovino exits the Dirksen U.S. Courthouse in Chicago after a court appearance.

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.

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