Appeals court blocks federal judge’s order to release hundreds of immigrants arrested in Illinois immigration crackdown
By Whitney Wild, CNN
(CNN) — A federal appeals court paused the release of hundreds of immigrants who were arrested during the Department of Homeland Security’s aggressive immigration actions in the Chicago area earlier this year, according to a court filing Thursday.
Last Wednesday, US District Court Judge Jeffrey Cummings ordered the Trump administration to release on $1,500 bond hundreds of detainees after he determined the arrests violated a local consent decree barring warrantless arrests of immigrants.
Court records showed last Friday the Department of Justice submitted a list of more than 600 people to be assessed for release. The list showed only a fraction of those detained were considered “high risk” by federal officials.
The list included criminal histories for just 16 defendants. Those criminal histories included convictions or arrests for aggravated assault, driving under the influence, indecent exposure, battery and enticement of a minor and kidnapping.
A CNN analysis of the DOJ filing showed migrants arrested in the Chicago area were transferred to detention facilities as far away as Texas and Kentucky.
The 7th Circuit Court of Appeals on Thursday sided with the Trump administration to keep those on the list in custody, just one day before detainees were set to be released.
In its motion for pausing their release, the Trump administration argued Judge Cummings’ orders in the case incorrectly interpreted the law, exceeded the scope of the consent decree and the court’s “legal and equitable authority” and infringed upon the immigration officers’ ability to operate.
Even after Judge Cummings order paved the way for detainees’ release, the fate of those in custody remained unclear. Several of those arrested had filed their own individual cases, and some, according to the DOJ filing, were already released. Multiple attorneys CNN spoke with were unsure how Cummings’ ruling would impact their clients who were transferred out of Judge Cummings’ jurisdiction.
CNN has reached out to the National Immigrant Justice Center and the American Civil Liberties Union, the lead attorneys in the class-action lawsuit.
The 7th Circuit order did not include a reason for pausing the release of detainees.
Oral arguments are scheduled for December 2.
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