Federal judge limits ICE arrests without warrant, probable cause

A federal judge Tuesday ruled that U.S. Immigration and Customs Enforcement (ICE) agents violated a federal consent decree when arresting nearly two dozen illegal immigrants at the start of President Donald Trump’s second term earlier this year.

U.S. District Judge Jeffrey Cummings in Chicago federal court extended the consent decree that limits immigration agents’ authority to make warrantless arrests until February 2026.

Cummings also ordered ICE to start making monthly disclosures of how many warrantless arrests agents make each month.

The ACLU of Illinois and other Chicago immigration advocates sued the Department of Homeland Security and ICE in March, alleging that the January arrests of at least 22 people violated a 2022 consent decree that bans ICE from arresting people without warrants or probable cause.

TRUMP SAYS CHICAGO MAYOR, ILLINOIS GOVERNOR ‘SHOULD BE IN JAIL FOR FAILING TO PROTECT’ ICE OFFICERS

U.S. Immigration and Customs Enforcement agents knock on the door of a residence during a multi-agency targeted enforcement operation in Chicago, Illinois, on Sunday, Jan. 26, 2025. (Christopher Dilts/Bloomberg via Getty Images)

“Today’s decision makes clear that DHS and ICE — like everyone else — must follow the Constitution and the law,” Michelle García, deputy legal director at the ACLU of Illinois and co-counsel in the case, said in a statement. “The federal government’s reckless practice of stopping, harassing and detaining people — and then finding a justification for the action must end.”

U.S. Immigration and Customs Enforcement agents conduct an arrest as part of President Donald Trump’s wide-ranging immigration crackdown in Chicago, Illinois, on Jan. 26, 2025. (Immigration and Customs Enforcement/Handout via REUTERS)

Trump deployed Texas National Guard troops in Illinois this week for an initial 60-day period to help with his administration’s crime crackdown and deportation rollout.

CHICAGO MAYOR CREATES ‘ICE-FREE ZONES’ TO BLOCK FEDERAL AGENTS FROM CITY PROPERTY

Chicago has sought to thwart ICE’s deportation efforts, with Mayor Brandon Johnson and Illinois Gov. JB Pritzker filing a lawsuit Monday that attempted to block the Trump administration from deploying National Guard troops to Illinois.

Illinois Gov. JB Pritzker and Chicago Mayor Brandon Johnson have pushed back on Trump’s plan to send National Guard troops and boost ICE enforcement in Chicago. (Getty Images; Scott Olson)

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Johnson and Pritzker have clashed with Trump over immigration enforcement and the president’s decision to send National Guard troops to the state to protect federal personnel and property amid escalating anti-ICE protests in Broadview, Illinois.

Fox News Digital’s Deirdre Heavey and Alexandra Koch, along with The Associated Press, contributed to this report.