Federal judge says ICE unlawfully detained Illinois father as daughter fights cancer

CHICAGO - A federal judge has ruled that Immigration and Customs Enforcement is unlawfully detaining Ruben Torres Maldonado and ordered that he be given a prompt bond hearing on or before Oct. 31 to determine whether he can be released from custody.

Maldonado has been held in federal custody since Saturday after his arrest outside a Home Depot in Niles.

What they're saying:

"We’re pleased that the judge ruled in our favor in determining that ICE is illegally detaining Ruben. We will now turn the fight to immigration court so we can secure Ruben’s release on bond while he applies for permanent residence status," said attorney Kalman Resnick of the law firm Hughes Socol Piers Resnick & Dym., Ltd., which is representing Ruben Torres Maldonado. "Ruben is a loving father and belongs with his family–especially as his daughter, Ofelia, battles stage four metastatic cancer. The separation of this family is inhumane and profoundly unjust. We are hopeful he will be returning home pending an immigration bond hearing in the coming days."

The backstory:

The ruling follows a request from Maldonado’s attorneys that he be released so he can care for his 16-year-old daughter, Ofelia, who is undergoing treatment for stage four cancer.

Family members and several elected officials have also advocated for his release, citing the emotional and practical strain of caring for Ofelia while her father remains in custody.

Homeland Security officials said Maldonado, who has lived in the United States since 2003, has a record of driving offenses and attempted to flee during his arrest. Authorities described the release request as a "desperate Hail Mary" to remain in the country.

The hearing began at 9:30 a.m. Friday. Ofelia appeared in a wheelchair outside the courthouse Thursday to support her father.