DHS blasts ‘ACTIVIST’ Biden judge’s order to cut loose hundreds of illegal aliens in Chicago, pause deportations

Despite the ongoing obstructionism by Chicago’s deeply unpopular mayor, Brandon Johnson (D), and other open-borders activists, federal immigration agents continue to risk life and limb with the aim of unburdening the crime-ridden sanctuary city of some of the roughly 150,000 illegal aliens who have sapped its resources, strained its systems, and endangered its people.

‘An ACTIVIST JUDGE is putting the lives of Americans directly at risk.’

A Biden judge decided on Wednesday to undo some of U.S. Immigration and Customs Enforcement’s hard work, ordering the Trump administration to free hundreds of the illegal aliens recently apprehended in the Chicago area, including some of those captured during the Department of Homeland Security’s Operation Midway Blitz.

DHS Assistant Secretary Tricia McLaughlin told Blaze News in a statement. “At every turn, activist judges, sanctuary politicians, and violent rioters have actively tried to prevent our law enforcement officers from arresting and removing the worst of the worst.”

“Now an ACTIVIST JUDGE is putting the lives of Americans directly at risk by ordering 615 illegal aliens be released into the community,” added McLaughlin.

U.S. District Judge Jeffrey Cummings, a Biden appointee, ruled last month that ICE had violated a 2022 consent decree settlement that barred federal immigration agents from conducting warrantless arrests unless they have cause to suspect an individual is both an illegal alien and a flight risk.

The settlement, which was the result of a lawsuit filed by the open-borders advocacy organization National Immigrant Justice Center and the ACLU of Illinois, was set to expire on May 12, 2025. However, the NIJC filed a motion to continue enforcing the settlement earlier this year after ICE made a series of warrantless illegal alien arrests.

RELATED: Federal judge wildly oversteps her bounds with Border Patrol commander in Chicago

Photo by Scott Olson/Getty Images

Cummings, who previously claimed that NIJC’s pending motion kept the settlement alive, decided on Oct. 7 to extend the consent decree until Feb. 2, 2026, and ordered ICE to apply it to all agents nationwide.

On Wednesday, Cummings went even farther to appease the open-borders activists, ordering ICE to free 13 illegal aliens by Friday and to release another 615 illegal aliens on bond into a monitoring program by Nov. 21, unless the Trump administration appeals and/or demonstrates that the arrests were in keeping with the consent decree.

Lawyers for the government are considering an appeal, indicating that at least 12 of the 615 illegal aliens arrested in Chicago between June and early October are considered high flight risks, reported Axios.

The activist judge also ordered the Trump administration to pause deportation and voluntary departure procedures for all those illegal aliens who are pending release and to provide additional information concerning all arrests that have taken place since his October ruling.

Michelle Garcia, deputy legal director at the ACLU of Illinois, suggested that by committing to enforcing the consent decree, Cummings has set the stage for “even more of the hundreds of people illegally arrested and detained during Operation Midway Blitz to be released.”

Mark Fleming, associate director of litigation at NIJC, also celebrated Cummings’ apparent judicial activism, stating, “We are grateful that Judge Cummings sees the urgency of this moment and has ordered the Trump administration to allow hundreds to leave the inhumane detention centers where they are being unlawfully held and to have a chance at the due process our laws require.”

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