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Judge Rules ICE Violated Consent Decree With Warrantless Arrests in Liberty and Chicago

The decision extends court supervision through Feb. 2, 2026 to enforce due‑process limits on immigration arrests.

Overview

  • U.S. District Judge Jeffrey I. Cummings found DHS and ICE violated a 2022 settlement, ruling 22 of 26 plaintiffs were arrested without warrants.
  • The order lifts conditions of release for the 22 individuals, including workers detained at Liberty’s El Potro Mexican Café, and extends the decree to Feb. 2, 2026.
  • DHS must reissue its warrantless‑arrest policy nationwide, certify retraining for officers who violated the agreement, and submit ongoing reports on arrests to the court.
  • The court said two hours of questioning with exits guarded and no notice people could leave undercut any claim of brief detention or lawful probable cause.
  • The National Immigrant Justice Center and ACLU of Illinois hailed a due‑process win, while DHS had not responded to requests for comment.