Federal Appeals Court Blocks Release of Hundreds Detained by Immigration Authorities, but Trump Administration Loses in Mixed Ruling
A federal appeals court in Chicago has declined to release hundreds of people detained by immigration authorities, handing a partial victory to the Biden administration while also rejecting key arguments made by the Trump administration.
The decision, issued by the 7th U.S. Circuit Court of Appeals, blocks orders handed down by U.S. District Judge Jeffrey Cummings in October and November as part of the "Operation Midway Blitz" deportation campaign. The court's ruling will not take effect for two weeks at the request of the Trump administration, which may attempt to appeal to the U.S. Supreme Court.
However, the appeals court did side with Cummings on his decision to extend a settlement agreement aimed at restricting warrantless arrests by U.S. Immigration and Customs Enforcement (ICE) agents in Illinois and nearby states. The original expiration date for the agreement had been May 2023, but Cummings' extension allowed it to run through February.
The court also rejected a novel argument made by the Trump administration to justify holding people in mandatory detention, which has been criticized across district courts nationwide as "upending decades of practice." Mark Fleming, associate director of federal litigation for the National Immigrant Justice Center, noted that this decision makes the 7th Circuit the first federal appeals court to reject the Trump administration's mandatory detention argument.
The ruling affects approximately 442 people still held by immigration authorities who do not pose a high safety risk. Roughly half of these individuals were arrested without warrants and could be released if individual determinations are made about whether their arrests violated the settlement agreement.
Critics argue that Justice Department lawyers failed to provide necessary information, leading to Judge Cummings' blanket finding that all detainees were "potential" class members in a lawsuit against the government. The National Immigrant Justice Center plans to push for expedited review of these individuals' cases, stating they deserve adjudication.
The three-judge appeals panel heard arguments on December 2 and included Lee and Judges Thomas Kirsch and Doris Pryor. Kirsch wrote a dissenting opinion, urging the court to block Cummings' orders entirely due to concerns about policy entrenchment from one administration to another.
A federal appeals court in Chicago has declined to release hundreds of people detained by immigration authorities, handing a partial victory to the Biden administration while also rejecting key arguments made by the Trump administration.
The decision, issued by the 7th U.S. Circuit Court of Appeals, blocks orders handed down by U.S. District Judge Jeffrey Cummings in October and November as part of the "Operation Midway Blitz" deportation campaign. The court's ruling will not take effect for two weeks at the request of the Trump administration, which may attempt to appeal to the U.S. Supreme Court.
However, the appeals court did side with Cummings on his decision to extend a settlement agreement aimed at restricting warrantless arrests by U.S. Immigration and Customs Enforcement (ICE) agents in Illinois and nearby states. The original expiration date for the agreement had been May 2023, but Cummings' extension allowed it to run through February.
The court also rejected a novel argument made by the Trump administration to justify holding people in mandatory detention, which has been criticized across district courts nationwide as "upending decades of practice." Mark Fleming, associate director of federal litigation for the National Immigrant Justice Center, noted that this decision makes the 7th Circuit the first federal appeals court to reject the Trump administration's mandatory detention argument.
The ruling affects approximately 442 people still held by immigration authorities who do not pose a high safety risk. Roughly half of these individuals were arrested without warrants and could be released if individual determinations are made about whether their arrests violated the settlement agreement.
Critics argue that Justice Department lawyers failed to provide necessary information, leading to Judge Cummings' blanket finding that all detainees were "potential" class members in a lawsuit against the government. The National Immigrant Justice Center plans to push for expedited review of these individuals' cases, stating they deserve adjudication.
The three-judge appeals panel heard arguments on December 2 and included Lee and Judges Thomas Kirsch and Doris Pryor. Kirsch wrote a dissenting opinion, urging the court to block Cummings' orders entirely due to concerns about policy entrenchment from one administration to another.