On Wednesday, a federal judge, District Judge Jeffrey Cummings, indicated his intent to order the release of over 300 illegal aliens who had been arrested by Immigration & Customs Enforcement (ICE) or other federal agents. Cummings' prospective ruling came during a hearing in a lawsuit filed by the ACLU of Illinois and the National Immigrant Justice Center.
Cummings has ordered the Department of Homeland Security to immediately release 13 detainees held in Texas, Missouri and other states that both the government and plaintiffs agree were detained in violation of the Castañon Nava settlement that prohibits warrantless immigration arrest in Illinois.
- By Friday, DHS must hand over documents showing the status and flight risk of 615 people the plaintiffs suspect ICE arrested in the state without a warrant between June and early October.
- By Nov. 19, DHS must provide an up-to-date list of people both Border Patrol and ICE have arrested in Chicago.
- By Nov. 21, DHS must release on bond into a monitoring program at least 313 people whom the plaintiffs say were arrested in violation of the agreement and the government deems low risk for flight. They'll remain free on bond until the merits of their cases can be assessed.
The federal government will likely appeal the ruling once it's formally entered. Judge Cummings has agreed to keep "high-risk" individuals detained, although it's not clear what criteria will be used to determine if a detainee is high risk or not. That would seem a bit of a challenge when one is dealing with people who were in the United States illegally.
Lawyers for the government said it will present "a significant challenge" to gather the required documents and have not ruled out appealing the judge's order.
- They also noted that at least 12 people among the 615 arrested in Chicago by ICE from June to early October are considered high flight risks.
- Cummings said he would keep high-risk individuals detained and that any person released who violates the terms of the program will be sent back to detention.
As of this writing, it's unclear whether any ongoing deportation proceedings will continue.
RedState's sister site, Townhall, has more details:
🚨BREAKING: A federal judge just ruled that the Trump administration must RELEASE hundreds of arrested illegal immigrants.
— Townhall.com (@townhallcom) November 12, 2025
These rogue judges must be STOPED. pic.twitter.com/E7MHQWYJMd
Mark Fleming, one of the attorneys with the National Immigrant Justice Center, spoke at a news conference on Wednesday, saying the people who are set to be released “are probably all over the country” and need to be located.
“All of this, all of the tactics of (senior Border Patrol official Gregory) Bovino, all of the tactics of (Immigration and Customs Enforcement) have been unlawful in the vast, vast majority of arrests,” Fleming continued.
The Department of Homeland Security will likely appeal the case. Government attorneys have already requested a stay through next Friday.
This could conceivably affect up to 3,000 illegal aliens currently in custody. Thirteen of the illegal aliens may be released by week's end.
Read More: Noem's Operation Dirtbag: Illegal Alien Offenders Off Streets, Kids Now Safer
President Trump has made the removal of illegal aliens a key point of his 2024 campaign and his second term. This is, perhaps, a setback, but we can expect the overall effort to continue.
This is a developing story. We will be bringing you updates as events warrant.
Editor’s Note: After more than 40 days of screwing Americans, a few Dems have finally caved. The Schumer Shutdown was never about principle—just inflicting pain for political points.
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