Appeals Court Halts Release of Migrants From ‘Midway Blitz’
Appeals Court Halts Release of Migrants From ‘Midway Blitz’ As Federal Judge Slams Government’s Use of Force
In a stark escalation of an already explosive legal confrontation, the U.S. Court of Appeals for the Seventh Circuit halted the release of hundreds of migrants swept up in the Trump administration’s massive “Operation Midway Blitz,” a crackdown that federal courts have repeatedly blasted as unlawful, unconstitutional, and disproportionately targeted at Black and Brown communities across the Chicago region.
On Friday, an appeals court granted a stay that temporarily blocks a lower court order to release more than 400 people arrested during “Operation Midway Blitz.” The decision comes just one day after a three-judge panel with the 7th Circuit blocked a different judge’s order because they believed the judge had overstepped their authority by imposing strict limits on how federal agents could operate in Chicago.
The ruling effectively freezes the blistering 85-page order issued Wednesday by U.S. District Judge Jeffrey Cummings, who found that federal agents violated a 2022 consent decree barring warrantless arrests and had engaged in “illegal and unprecedented” uses of force reminiscent of military operations, not domestic law enforcement.
“One thing seems clear, ICE rousted American citizens from their apartments during the middle of the night and detained them — in zip ties no less — for far longer than the ‘brief’ period authorized by the operative regulation,” Cummings wrote.
His ruling cited video and sworn testimony showing ICE and Border Patrol agents, many masked and without identification, deploying flashbangs in residential hallways, firing tear gas near schools, detaining people at bus stops and grocery stores without reasonable suspicion, and conducting low-altitude helicopter flyovers of South Side neighborhoods in the middle of the night.
Dozens of U.S. citizens were caught in these sweeps, detained solely because they “looked” like immigrants. This, Cummings emphasized, was not a targeted public-safety mission but a sweeping federal overreach built on racial profiling.
“That doesn’t sit well with me,” Cummings told lawyers for the government. “I want to offer you a chance to explain how that is legitimate. You are carrying around blank forms so that you can get around making an individual flight risk analysis that you would otherwise have to do for a warrantless arrest.”
The concern echoed the findings of U.S. District Judge Sara Ellis, who in a separate case found that DHS leaders made “widespread misrepresentations” about the tactics used in Chicago. Ellis specifically accused Border Patrol commander Greg Bovino of lying under oath about tear gas deployments, supposed gang activity, and even the basic timeline of events.
“While Defendants may argue that the Court identifies only minor inconsistencies, every minor inconsistency adds up, and at some point, it becomes difficult, if not impossible, to believe almost anything that Defendants represent,” Judge Sarah Ellis wrote in a scathing 233-page ruling. “Turning to Bovino, the Court specifically finds his testimony not credible. Bovino appeared evasive over the three days of his deposition, either providing ‘cute’ responses to Plaintiffs’ counsel’s questions or outright lying.”
While the appeals panel did not explain pausing the releases, the decision gives the Department of Justice critical time to argue that freeing detainees would somehow jeopardize public safety.
The controversial immigration operation, Operation Midway Blitz, announced in summer 2025 as a crackdown on “violent criminal aliens,” resulted in more than 3,000 arrests from June through October, with only 16 detainees on the DOJ’s list actually having any significant criminal history. Of the 614 individuals Judge Cummings ordered eligible for release, most had no criminal record at all, with some confirming they were U.S. citizens. A CNN report found that detainees were shipped as far away as Texas and Kentucky, placing them beyond the reach of Illinois-based legal teams and families.
Immigrant rights advocates say the operation was never about crime. Local leaders, clergy, and journalists have described a city under siege, with federal agents using force against peaceful protesters, reporters, and even ministers.
Judge Ellis’ earlier ruling catalogued instances where DHS fabricated claims of violence to justify excessive force, including falsely reporting that protesters wielded “shields with nails”—which videos revealed were cardboard signs. Body cameras even caught an agent using ChatGPT to complete an incident report, apparently to justify aggressive tactics retroactively.
Oral arguments in the case are scheduled for December 2, setting up a high-stakes showdown over the limits of executive power and the rights of Black and Brown residents targeted in the administration’s sweeping crackdown. Until then, hundreds remain behind bars, caught between a district court that deemed their detention unconstitutional and an administration intent on wielding immigration policy as a weapon of fear.
SEE ALSO:
‘Operation Midway Blitz’: ICE Begins Targeting Immigrants In Chicago
Judge Dismisses Charges Against Chicago Woman Shot By Border Patrol
