A Chicago judge has ordered Immigration and Customs Enforcement to release 442 people who have been taken into custody since Wednesday amid a lawsuit against the agency for warrantless arrests.
The decision comes after U.S. District Judge Jeffrey Cummings ordered the Department of Homeland Security last week to hand over a list of 617 people who are being held by ICE between June and October.
The judge ordered the release of everyone on the list on a $1,500 bond, except detainees who had previous arrests or were deemed a public safety risk by the law enforcement agency. They must be released by Friday.
DHS attempted to block or delay the release in a request to take the case to the U.S. Court of Appeals for the 7th Circuit, but the request was denied by Cummings, who stated that ICE would not win the case on appeal.
Out of the 610 detainees, 52 were deemed a “high public safety risk,” 87 medium, and 473 low, based on ICE’s Risk Clarification Assessment, which evaluates a detainee’s criminal record, immigration history, and community ties.
DHS initially identified 16 people on the list to remain in custody after receiving a “high public safety risk” designation from ICE and expanded its list Friday to include 39 additional people it labeled as posing a high public safety risk, the judge said, which, according to the list, were arrested for criminal charges that range from driving under the influence to assault with a gun.
The plaintiffs who advocated the release of the detainees through the lawsuit, the National Immigrant Justice Center and American Civil Liberties Union of Illinois, state that ICE’s designation of the detainees is incorrect, and the judge should grant the release of additional detainees.
JUDGE ORDERS RELEASE OF MAHMOUD KHALIL FROM ICE FACILITY
The judge’s move marks the first mass release of illegal immigrants under federal custody in 2025.
Earlier this year, judges released individuals under ICE custody, such as convicted gang member Abrego Garcia and alleged pro-Hamas activist and Columbia University student Mahmoud Khalil, who were later deported.
