The stay restores broader arrest authority to ICE while the 7th Circuit weighs what’s next.
CHICAGO — A federal appeals court on Thursday put a temporary stop to the release on bond of several hundred immigrants detained in “Operation Midway Blitz” while legal challenges proceed under a consent decree that restricts arrests made without warrants or sufficient probable cause.
The Seventh Circuit issued an administrative stay after the Department of Homeland Security and the U.S. Immigration and Customs Enforcement filed an emergency motion arguing that a pair of recent district court orders unlawfully restricted their operations. Immigrant rights groups filed their opposition on Wednesday, and DHS replied Thursday.
The case stems from Judge Jeffrey Cummings’ finding that ICE violated the 2022 Castañon Nava consent decree by conducting at least 26 warrantless arrests in the Chicago area early this year as part of “Operation Midway Blitz,” according to the court filing.
Cummings responded by extending the decree through February 2026, limiting when agents can make collateral arrests, and requiring ICE to report each warrantless detention.
Advocates say arrests without warrants have surged, with National Immigrant Justice Center attorney Mark Fleming describing agents “indiscriminately” stopping people without probable cause. DHS has said it is complying with all lawful court orders.
Although the restrictions technically apply only to the Chicago Field Office’s six-state region, the underlying consent decree will likely influence ICE policy nationwide.
With the appellate stay in place, ICE temporarily regains broader arrest authority while the court considers whether the district judge’s limits will remain in effect during the appeal.
The court has set oral arguments for Dec. 2.