A U.S. district judge rule officers of Immigration and Customs Enforcement (ICE) violated an agreed-upon decree prohibiting warrantless detainment of individuals in the Chicago area. The judge found more than twenty such instances of unlawful detainment since January 2025. The ruling is a major condemnation of the so-called “collateral arrests” tactic ICE agents use.
“Collateral arrests” describes when ICE agents detain individuals without a previously signed warrant. This policy lets ICE agents detain individuals who weren’t the intended targets of immigration enforcement operations. The strategy was a major tactic in the immigration enforcement crackdown called “Operation Midway Blitz”.
A federal judge ruled said tactics violated the 2022 Castañon Nava settlement, where ICE agreed to adhering towards certain conditions for detaining individuals without a warrant. The conditions are:
- There’s probable cause for agents believing an individual has undocumented status.
- The person may be a flight risk or a danger to public safety.
- ICE agents confirm reasonable cause for the above two factors before detaining said individual.
If an individual meets these three conditions, ICE has the authority for warrantless detainment.
The judicial ruling limits the number of people ICE detains without a warrant. The limit expires on February 2, 2026. ICE must also report how many people it’s detained until the limitation period expires. Finally, retraining is mandatory for any ICE agents involved in detainments that violated the agreement.
As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.