Case Summary:
The case originated from a class-action lawsuit challenging the Department of Homeland Security’s use of pretextual traffic stops and warrantless arrests during immigration enforcement operations in the Chicago area.
A 2022 consent decree resulting from the litigation required Immigration and Customs Enforcement (ICE) to follow specific protocols for warrantless arrests, including documenting a "likelihood of escape" and providing individualized probable cause.
In early 2025, plaintiffs alleged that ICE resumed making "collateral" warrantless arrests and conducting pretextual stops in violation of the existing settlement agreement.
The factual record includes evidence from "Operation Midway Blitz," during which plaintiffs claim ICE agents carried blank administrative warrants and filled them out only after detaining individuals to bypass the decree’s restrictions.
Following these allegations, a district court found that 22 out of 26 tested claimant cases involved arrests that violated both the consent decree and federal statutory requirements.
In October 2025, the district court extended the expiration of the consent decree to February 2, 2026, as a remedy for the government's documented non-compliance.
The current appeal focuses on a November 2025 district court order that mandated the release of several hundred detainees who were allegedly arrested in violation of the decree’s protections.
During the oral arguments on February 3, 2026, the court examined whether the government’s use of administrative warrants in the field effectively invalidated the protections negotiated in the original settlement.