Hundreds of Detained Immigrants Fight for Release in Chicago Appeals Court

ACLU and National Immigrant Justice Center argue arrests may have violated court order

Feb. 3, 2026 at 7:07pm

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The fight to release hundreds of immigrants detained by U.S. Immigration and Customs Enforcement (ICE) in the Chicago area has returned to a federal appeals court. Last fall, a district judge ordered the release of around 600 immigrants arrested during Operation Midway Blitz, but an appeals court later blocked the blanket release, finding the judge overstepped his authority. Now the case is back before the appeals court as the two sides argue over whether the case is still valid since many of the originally detained immigrants have been deported.

Why it matters

This case highlights the ongoing legal battles over immigration enforcement tactics and the rights of detained immigrants. The ACLU and National Immigrant Justice Center argue the arrests may have violated a court order limiting arrests without a warrant or probable cause, raising concerns about due process and civil liberties.

The details

In 2025, U.S. District Judge Jeffrey Cummings ordered the release of hundreds of immigrants whose arrests during Operation Midway Blitz might have violated a court order. However, the 7th U.S. Circuit Court of Appeals later blocked Cummings' order, finding he overstepped his authority on the blanket release without assessing each case individually. Now the case has returned to the appeals court, as the two sides argue over whether the case is still valid since many of the originally detained immigrants have since been deported. Of the original group of around 600 immigrants, only about 200 are still in the U.S.

  • In fall 2025, U.S. District Judge Jeffrey Cummings ordered the release of hundreds of immigrants.
  • The 7th U.S. Circuit Court of Appeals later blocked Cummings' order in late 2025.
  • The case returned to the appeals court on Tuesday, February 3, 2026.

The players

Jeffrey Cummings

A U.S. District Judge who ordered the release of hundreds of immigrants in 2025.

American Civil Liberties Union (ACLU)

A civil rights organization that has been arguing the immigrants were possibly arrested without probable cause or warrant.

National Immigrant Justice Center

An organization that has been working with the ACLU to prove their cases and gather information on individual cases.

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What they’re saying

“Don't give up hope. To families that have people detained, we are working as fast as we can to review the documentation and, ultimately, the government is at fault for not producing things quickly and timely.”

— Michelle Teresa Garcia, ACLU deputy legal director (CBS News Chicago)

What’s next

The appeals court will decide whether the case is still valid and if the remaining detainees should be released.

The takeaway

This case highlights the ongoing legal battles over immigration enforcement tactics and the rights of detained immigrants. The ACLU and National Immigrant Justice Center are fighting to protect the civil liberties of those arrested, raising concerns about due process and the government's handling of these cases.