Overview
- U.S. District Judge Jeffrey Cummings found DHS and ICE violated the 2022 Castañon Nava consent decree by making warrantless arrests without the required probable cause and flight-risk findings.
- Those not subject to mandatory detention must be granted bond by noon on November 21 and placed in ICE’s Alternatives to Detention program, with many bonds set at $1,500.
- The court ordered immediate release of 13 people and required DHS to deliver detainee lists and status updates, including a comprehensive arrest report by November 19.
- The judge’s relief applies to a subset of more than 3,000 arrests tied to “Operation Midway Blitz,” with plaintiffs saying many detainees were transferred nationwide or already departed, complicating implementation.
- DHS condemned the ruling and sought a stay as Border Patrol chief Gregory Bovino vowed to ramp up enforcement, while detainees deemed significant public-safety risks will remain in custody.