Chicago Judge Finds ICE Violated Consent Decree on Warrantless Arrests

(CHICAGO, ILLINOIS) A federal judge has ruled that ICE repeatedly violated a 2022 consent decree by conducting warrantless arrests across the Chicago area and beyond, and he extended court oversight into early 2026. U.S. District Judge Jeffrey Cummings found that ICE agents arrested at least 22 individuals without warrants or probable cause in early 2025, in direct conflict with the Castañon Nava consent decree. The court ordered immediate relief for those detainees and imposed strict reporting and training rules on the agency as enforcement operations intensify in the region.

Key court directives and timeline

• The judge’s order, issued in October 2025, extends the decree through February 2, 2026.
• ICE must remove any conditions of release tied to the 22 unlawful arrests the court verified.
• The decree—negotiated in 2022 during the Biden administration after prior allegations of improper ICE conduct—requires probable cause and prohibits warrantless arrests by immigration officers operating in the Northern District of Illinois.
• Although the decree had been set to expire in May 2025, the court found continued violations and extended oversight.

Findings of unlawful conduct

Judge Cummings cited specific incidents across different settings:

• Arrests in neighborhoods, vehicles, and a restaurant raid in Liberty, Missouri, where people were taken into custody without warrants or probable cause.
• A practice where officers carried blank administrative arrest warrant forms to fill in at the scene—an “explicit” attempt, the judge said, to bypass the probable cause requirement.
• The court found these methods unlawful under the consent decree and indicative of ongoing noncompliance despite prior court directives.

“What might be framed as ‘reasonable suspicion’ in an opinion does not permit detentions that are prolonged, sweeping, and unsupported by facts on the ground,” the court noted in its findings.

Remedies and ongoing reporting

The court imposed broad remedies and monitoring requirements:

• ICE must provide plaintiffs with arrest paperwork and identifying details for every individual arrested without a warrant in the Northern District of Illinois since June 2025.
• This disclosure must continue on a monthly basis going forward.
• ICE must reissue the Nava Warrantless Arrest Policy nationwide and certify that any officer who violated the decree has been retrained.
• A compliance hearing is set for mid-November 2025 to review production of records, reissuance of policy, and retraining, and to address new allegations.

Scope of alleged violations and community impact

• Community groups and lawyers report “collateral” arrests that swept up U.S. citizens and long-term residents alongside targeted noncitizens.
• Advocates say nearly 100 improper arrests occurred after Operation Midway Blitz began in September 2025, and that alleged violations since then have climbed into the hundreds.
• The court verified at least 22 unlawful arrests from early 2025; advocates report the count has since risen, with reports circulating of at least 200 such arrests as enforcement expanded.

Legal and administrative background

• In June 2025, a senior ICE attorney emailed staff declaring the decree no longer in effect and rescinded the internal policy that implemented it.
• Judge Cummings rejected that view and reaffirmed that the consent decree remained valid and enforceable, extending it based on the record of violations.
• The court’s record showed broad collateral arrests, including people without criminal records and some instances where U.S. citizens were swept up, undermining the government’s argument that ICE was only targeting individuals with criminal histories.

What the order means for individuals and attorneys

For people who believe they were unlawfully detained:

• The order provides a path to relief: ICE must lift conditions tied to the 22 confirmed unlawful arrests and turn over arrest documentation so counsel can assess next steps.
• Community members should contact legal groups to review arrest records and determine if the decree applies to their case.

For attorneys and advocates:

• The monthly reporting requirement is a monitoring tool to track systemic issues and prepare for the November compliance hearing.
• The court’s required disclosure of names, A-numbers, and arrest documents will inform litigation and enforcement oversight.

Expectations for ICE officers and supervisors

• The judge’s message is direct: the decree’s probable cause rules are binding in the Northern District of Illinois.
• The court requires retraining for officers who violated the decree.
• Field practices that after-the-fact attempt to cure legal defects—such as completing administrative warrant paperwork after detentions—are prohibited under the court’s interpretation.
• Supervisors must certify compliance and produce records according to the schedule set by the court.

Enforcement oversight and next steps

• The mid-November hearing will examine whether ICE has:
  1. Produced the required names, A-numbers, and arrest documents
  2. Reissued the national Nava Warrantless Arrest Policy
  3. Implemented and certified retraining for officers who violated the decree
• Legal analysts note an appeal is possible, but for now the decree remains in force and oversight has been expanded through February 2, 2026.

Broader implications

• The court’s extension and reporting mandates are seen as one of the more assertive judicial checks on ICE field operations in recent years, particularly where due process concerns have increased amid high-profile raids.
• While the litigation centers on the Chicago area, the judge’s directive that ICE reissue policy nationwide could affect training and field decisions in other jurisdictions—at least in the short term.
• Whether other jurisdictions see similar enforcement challenges will depend on how this dispute unfolds through the fall and winter.

Community effects extend beyond legal outcomes: fear of mistaken identity or collateral detention can deter people from going to work, attending school events, or running routine errands. Conversely, a clear court order can bring stability by setting limits officers must respect.

Where to find the official filings

Those seeking the official order and future filings can check the U.S. District Court for the Northern District of Illinois for public docket updates.

Summary takeaway

Ultimately, the case highlights the tension between enforcement and constitutional limits. The consent decree established rules ICE agreed to follow; the court found those rules were broken through warrantless arrests and paperwork practices intended to cure defects after the fact. Judge Cummings’ order aims to correct that pattern with documentation, retraining, and continuing scrutiny through February 2, 2026—providing a clearer paper trail and stricter reporting in the months ahead for families, employers, schools, local governments, and legal advocates.