Judge Orders Release of Immigrants Arrested by ICE Without Warrants

Ruling also requires Homeland Security to notify attorneys before releasing detainees

Published on Feb. 14, 2026

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A federal judge in Chicago has ordered the release of four people detained by Immigration and Customs Enforcement (ICE) without warrants as part of the 'Operation Midway Blitz' immigration enforcement campaign. The judge also rejected a recent ICE directive that sought to give agents more discretion to make arrests without warrants, ruling it was inconsistent with a consent decree that limits ICE's authority to conduct warrantless arrests in six Midwestern states.

Why it matters

This ruling is a victory for immigrant rights advocates who have been challenging ICE's use of warrantless arrests, which they argue violates due process and undermines community trust in law enforcement. The judge's order to require ICE to notify attorneys before releasing detainees is also aimed at ensuring safe and coordinated returns for those who were arrested without proper procedures.

The details

The judge ordered the release by Monday of four people out of hundreds detained without warrants during the 'Operation Midway Blitz' campaign last year. He also rejected a recent ICE directive that sought to redefine the criteria for determining the 'likelihood of escape' to justify warrantless arrests, ruling it was inconsistent with a consent decree that requires ICE to consider factors like community ties before making such arrests. The consent decree, originally set to expire in May 2025, was extended by the judge until February 2026 to resolve the alleged violations.

  • The 'Operation Midway Blitz' immigration enforcement campaign took place between June 11, 2025 and October 7, 2025.
  • As of February 2, 2026, the government said 173 people were still in custody out of the 615 originally arrested.
  • The consent decree limiting ICE's authority to make warrantless arrests was originally set to expire in May 2025 but has now been extended by the judge until February 2, 2026.

The players

Jeffrey Cummings

A U.S. District Judge who ordered the release of four people detained by ICE without warrants and rejected a recent ICE directive that sought to give agents more discretion to make warrantless arrests.

Mark Fleming

An attorney with the National Immigrant Justice Center who represented the immigrants in this case.

Todd Lyons

The ICE Director who issued a memo in late January seeking to reinterpret the definition of 'likelihood of escape' to justify warrantless arrests, which the judge ruled was inconsistent with the consent decree.

Immigration and Customs Enforcement (ICE)

The federal agency that conducted the 'Operation Midway Blitz' immigration enforcement campaign and made the warrantless arrests that were challenged in this case.

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What they’re saying

“We feel more motivated than ever after the hearing we just had, and the various orders that are going to be coming out, to really finally force this administration to honor their agreement, to honor the consent decree, and frankly, to start following the law as it comes to warrantless arrests.”

— Mark Fleming, Attorney, National Immigrant Justice Center (Capitol City Now)

“What we've been seeing in the records is that people were either warrantlessly arrested, in which they either put boilerplate or no justification for flight risk, or they were trying to do these warrants in the field.”

— Mark Fleming, Attorney, National Immigrant Justice Center (Capitol City Now)

What’s next

The judge ordered the Department of Homeland Security to resend the Broadcast Statement of Policy, which lays out the requirements for warrantless arrests under the consent decree, to all ICE agents nationwide. The judge also ordered DHS to provide at least 12 hours' notice to attorneys before releasing any detainees covered by the consent decree.

The takeaway

This ruling is a significant victory for immigrant rights advocates who have been challenging ICE's use of warrantless arrests, which they argue violates due process and undermines community trust in law enforcement. The judge's orders to limit warrantless arrests and provide notice before releasing detainees aim to ensure that ICE follows proper procedures and respects the rights of those it detains.