A federal judge appointed by former President Biden has now reportedly ordered the release of more than 600 migrants detained during a recent immigration enforcement operation across Illinois, in a decision that critics say could undercut federal immigration law and embolden sanctuary jurisdictions.
U.S. District Judge Jeffrey Cummings ruled that 615 detainees taken into custody during the U.S. Immigration and Customs Enforcement (ICE) initiative known as “Operation Midway Blitz” must be granted bond by November 21. The order follows a lawsuit filed by attorneys from the National Immigration Justice Center and the American Civil Liberties Union, who claimed that the arrests violated due process protections.
The operation, conducted earlier this year, targeted illegal migrants shielded by Illinois’ sanctuary policies. Between June and October, more than 3,000 individuals were reportedly arrested as part of the coordinated effort, which sought to locate and detain undocumented migrants with criminal records or outstanding deportation orders.
Judge Cummings’ decision marks another instance of a federal court limiting ICE’s authority to enforce immigration law in jurisdictions that have declared themselves off-limits to federal agents.
Mark Fleming, an attorney with the National Immigration Justice Center, told CNN that the ruling effectively mandates bond hearings for hundreds of detainees whose locations now vary widely. “They’re all being awarded bond for 615, but how is that process going to happen?” he said. “They are probably all over the country.”
Cummings had previously ruled in October that ICE agents violated the terms of the 2022 Castañon Nava settlement, a consent decree restricting warrantless arrests in the Chicago area. That decision, like this week’s order, has drawn criticism from those who argue that courts are making it increasingly difficult for ICE to carry out its duties.
Under the Trump administration, Operation Midway Blitz was part of a broader federal effort to combat illegal immigration and reduce violent crime in major cities—including Los Angeles, Washington, D.C., and Chicago—that had adopted sanctuary policies. The Department of Homeland Security reported on September 22 that assaults against ICE agents have increased by 1,000 percent, underscoring the growing hostility federal officers face in the field.
Meanwhile, ICE has continued to coordinate with state and local law enforcement in non-sanctuary jurisdictions.
In Chicago, Mayor Brandon Johnson issued executive orders in September to expand protest protections and followed in October with an order creating “ICE-Free Zones,” a move praised by immigration activists but criticized by law enforcement groups.
Judge Cummings’ ruling adds to a series of legal and political setbacks for immigration enforcement efforts nationwide, raising questions about the future of federal authority in states that continue to resist cooperation with ICE.
