The Chicago-based Seventh Circuit Court of Appeals on Thursday temporarily blocked a lower court’s order to release more than 600 immigrants detained during the Trump administration’s ‘Operation Midway Blitz’.
These immigrants were detained without a warrant, in violation of an Illinois statute that limits detention in state prisons without a warrant or probable cause, U.S. District Judge Jeffrey Cummings ruled.
Government challenges release on bail
The magistrate had authorized the releases as of this Friday, subject to $1,500 bail and some form of supervision.
Including electronic anklets, pending the outcome of immigration proceedings.
Most of the detainees were initially processed at the Immigration and Customs Enforcement(ICE) facility in Broadview, west of Chicago.
But they have since been transferred to prisons around the country.
On appeal, the U.S. Government argued that the judge committed a series of legal errors.
These pose a risk to public safety and make it difficult to enforce immigration laws.
Suspension controversy
“The district court’s orders subject the government to onerous, costly, and intrusive mandates-including training, documentation, and reporting requirements.”
“And they stand in the way of reimplementing the nation’s immigration laws after years of non-enforcement,” the administration noted.
One day before its effective date, the order was suspended pending review and a final hearing set for December 2.
The court’s decision was lamented by the National Immigrant Justice Center (NIJC) and the ACLU of Illinois.
Both sued the government in federal court for violating existing laws during operations in Chicago and neighboring cities.
Human rights defenders denounce unjust detentions
“We are deeply disappointed by today’s decision to delay the provisional release of hundreds of people who were on bail and parole.”
“Who the Department of Homeland Security has acknowledged were likely arrested and detained without a warrant, without probable cause, and in violation of a court agreement and federal law,” they said in a statement.
“The suspension means that people will continue to languish in inhumane immigration detention centers, with the risk of being deported without due process,” he adds.
However, the lawyers emphasize that “this is not the end”.
Because the Chicago-based Seventh Circuit will hear oral arguments at the hearing on whether a long-term stay is appropriate.”
With information from EFE
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