CHICAGO — The Seventh Circuit Court of Appeal has delayed the release of hundreds of Chicago-area community members arrested without warrants or reasonable cause in violation of the Castañon Nava federal consent decree, according to the ACLU of Illinois, the National Immigrant Justice Center (NIJC), and the Roger Baldwin Foundation of ACLU Inc.
The organizations issued a joint statement saying, “We are deeply disappointed by today’s decision to delay the interim release of hundreds of people on bond and alternatives to detention who the Department of Homeland has acknowledged were likely arrested and detained without warrants, without probable cause, and in violation of a consent decree and federal law.”
The statement continued, “The Seventh Circuit stay means that Chicago-area families will face, at minimum, weeks more separation, and people will continue to languish in inhumane immigrant detention centers, at risk of deportation without due process. This is especially sad given that families already have been separated from loved ones for weeks.”
The ACLU notes that the case is far from over.
The organization reports that the Seventh Circuit will hear arguments Dec. 2 on whether a longer stay should remain in effect.
The ACLU also said advocates are preparing for the argument and believe there is still a chance to secure the release of community members and reunite families who have been deeply harmed by the Trump administration’s actions.
According to the ACLU, the implications of the Seventh Circuit’s decision reach far beyond the delay.
By maintaining the stay, the court has prolonged family separations and permitted unlawful immigration enforcement to continue unchecked.
The upcoming Dec. 2 hearing will determine not only whether hundreds of unlawfully detained community members can return to their homes, but also whether federal agencies will be held accountable for violating the Castañon Nava consent decree.
The ACLU said the case represents a critical test of due process, government accountability, and the nation’s willingness to protect immigrant communities.
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