Appeals court weighs legality of Broadview immigration arrests

Appeals court weighs legality of Broadview immigration arrests

Three federal appeals court judges heard oral arguments Tuesday in a pivotal immigration enforcement case that could impact the futures of hundreds of people once detained in Broadview.

CHICAGO - The Seventh Circuit Court of Appeals heard oral arguments Tuesday in a pivotal immigration enforcement case that could shape the futures of hundreds of people once detained in Broadview.

What we know:

The hearing was highly detailed and complex, with attorneys for both the federal government and the detainees fielding extensive questions from three Seventh Circuit Court judges.

It's the latest hearing tied to a stack of lawsuits in connection with Operation Midway Blitz, and it could have major implications for hundreds of people. 

"The bulk of the argument today was about very technical things, about injunctions," said Keren Zwick, director of litigation with the National Immigrant Justice Center (NIJC). "We are hopeful to get a decision soon, we can't predict what it will be."

In mid-November, Judge Jeffrey Cummings ruled in favor of the detainees, agreeing with their attorneys that many of them should never have been arrested.

The federal judge found that federal agents violated a 2022 consent decree—born from a 2018 lawsuit—that restricts arrests without a warrant or probable cause. Zwick also claims some of the detainees were taken with administrative warrants — or I-200s — filled out after the fact.

"They were filling out these forms, they were taking blank ones into the field, they were filling them out in the field while the person was already in handcuffs in the back of a squad car or in their own car, and the person who signed off on it may or may not have been a supervisor, they may or may not have been able to review the information in the form to ascertain whether it was correct," Zwick explained. 

The government, however, maintains the arrests were lawful.

One week after Judge Cummings issued his ruling, the Seventh Circuit Court of Appeals temporarily halted the broad release of more than 600 detainees. In the meantime, some individuals have already been deported. Attorneys estimate that about 400 detainees remain in the United States.

"This is the whole reason we sought the interim relief. They are rapidly forcing people to take either voluntary departure or removal so that there is no one left when we get to the remedies," said Mark Fleming, associate director of federal litigation with the National Immigrant Justice Center. "It would require us to look into each individual to determine how many are left at this point. The government has that data but they have refused to produce it in a timely manner."

"The government won't engage in the dispute resolution process. What kind of remedy are we going to be able to get for the people who actually do suffer violations," Zwick added.  

Fleming and Zwick said it is possible this case makes it all the way to the U.S. Supreme Court. 

What's next:

While government attorneys did not comment following the hearing, DHS Assistant Secretary for Public Affairs Tricia McLaughlin released the following statement to FOX 32 Chicago:

"Lawbreakers are off American streets, and we look forward to the Trump administration’s ultimate vindication on this issue."

No ruling was issued Tuesday. The judges will now review the arguments and evidence before releasing their opinion.