A federal judge has ruled that ICE must release hundreds of detainees over the lack of warrants or probable cause during their arrests. CBS News' Camilo Montoya-Galvez reports.

Texas

A federal judge in Chicago has ordered the release of hundreds of Immigration and Customs Enforcement (ICE) detainees after finding that many arrests were made without warrants or probable cause, violating a 2012 consent decree. The ruling requires the immediate release of 13 detainees and places approximately 600 others into alternatives to detention programs, such as surveillance with ankle monitors, while their cases continue to be reviewed.

The Justice Department conceded that the initial group of 13 detainees was illegally arrested, and their release was agreed upon by the judge, government, and advocates. The legal status of the remaining detainees is still being determined as the court evaluates whether their arrests met legal standards.

Judge orders release of hundreds of ICE detainees over lack of warrant

In Chicago, a federal judge ordered the release of hundreds of detainees from ICE custody over the next week. His reasoning? These arrests happened without warrants or probable cause and were possibly in violation of a consent decree court order. CBS News immigration and politics reporter Camilo Montoya-Galvez joins us live. What can you tell us about this court order? Hi, Reid. Good afternoon. This order stems from that consent decree from 2020-2012 that you underscored, and that really severely limited the ability for federal immigration agencies, including Border Patrol and Immigration and Customs Enforcement, ICE, to detain and apprehend individuals without a warrant. U.S. immigration law, importantly, Reid, generally says that Border Patrol and ICE agents, as well as other federal immigration officers, must have a warrant, at the very least, before arresting somebody unless they suspect that an individual is in the country illegally and also is likely to escape and flee apprehension. And now, today, and this week, a federal judge has determined that the Trump administration is violating that consent decree from 2022 through this Operation Midway Blitz, that crackdown on immigration in the Chicago area that started several weeks ago. Agents have been saying, Reid, that many of the immigration arrests by federal officials in the Chicago region in recent weeks have been indiscriminate and that they have occurred without probable cause or warrants, not only judicially, but also ICE or Border Patrol warrants. This judge has agreed with those concerns to a large extent, has now ordered also ICE to release about a dozen detainees by tomorrow who he determined were unlawfully arrested in violation of this consent decree, and also to place another 600 or so ICE detainees in what are called alternatives to detention programs, meaning surveillance initiatives that allow people to continue their immigration proceedings, Reid, but outside of an immigration detention center. That could include, for example, being fitted with an ankle monitor. And so this, in many ways, Reid, is a significant legal setback for the Trump administration's crackdown in Chicago. Right. And so we also know the first batch of detainees are supposed to be released tomorrow. Why just that many, 13? It's a good question. The government conceded in federal court, the Justice Department did, that the dozen or so detainees who have to be released by tomorrow were all illegally arrested in violation of this consent decree. And so the judge, the government and the advocates filing suit in this case all are in agreement that these 13 individuals were illegally arrested and thus they have to be released now. The other 600 or so detainees, their cases are still being litigated and the judge is still weighing the question of whether their arrests are legal and had sufficient legal justification. Reid. All right. Camila Montoya Galvez watching this development. Thank you so much, my friend. Good to talk to you.

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