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Operation Midway Blitz: Chicago Immigration Surge Breached a Court Decree on Warrantless Arrests and Drew Orders Limiting Force Against Protesters and Press (2025)

During the Chicago-area immigration surge, ICE made warrantless arrests that federal courts found breached a binding consent decree DHS had said it would stop following. A federal judge also restricted agents' use of chemical weapons against protesters and journalists. Appeals courts affirmed the consent-decree findings in part but vacated the use-of-force injunction on procedural grounds after the case was dropped.

Record summary

Grade

Grade 4 of 5: Critical Rights and Rule-of-Law Concern

International crime

No international crime alleged

Systematic actions that undermine fundamental constitutional or international legal protections at the structural level. Scale and definitions

Status
Concluded
Incident date
Record updated
Location
Chicago metropolitan area, Illinois
Category
Civil Rights
Legal posture
Judicial finding
ICC relevance
No
Sources
12 cited
Stable ID
operation-midway-blitz-force-and-warrantless-arrests
Legal basis
Castañon Nava v. DHS consent decree and 8 U.S.C. § 1357(a)(2) (warrantless immigration arrests); Fourth Amendment; First Amendment; ICCPR Arts. 9, 19 and 21
Posture note
The consent-decree findings are judicial: Judge Cummings found substantial noncompliance, and the Seventh Circuit affirmed the extension and part of the release order on 5 May 2026 while reversing the rest. The use-of-force findings are different. Judge Ellis's preliminary injunction and its accompanying findings, including her finding that government witnesses were not credible, were vacated on 5 March 2026 without a ruling on their merits, after the plaintiffs dismissed the case; the Seventh Circuit had earlier stayed the injunction as overbroad and vacated her order requiring Bovino's daily appearance. The individual use-of-force incidents described here rest on press reporting and testimony, not a surviving judicial finding. No international crime is in play.
Victims
Chicago-area residents, most of them Latino, arrested without warrants in breach of the consent decree: at least 22 earlier in 2025, about 30 more documented by the plaintiffs during Midway Blitz, and 13 class members both sides agreed were unlawfully arrested; the government acknowledged 46 arrests violating the decree in February 2026 (ACLU of Illinois). Protesters, clergy and journalists hit with tear gas and pepper balls, including a pastor struck at least seven times outside the Broadview facility (WTTW).
Alleged responsible parties
  • Immigration and Customs Enforcement, Made warrantless arrests found to breach the Castañon Nava consent decree— Department of Homeland Security
  • Gregory Bovino, Border Patrol chief leading Midway Blitz field operations; video indicated he personally deployed tear gas in Little Village— US Customs and Border Protection
  • Kristi Noem, DHS Secretary; named defendant in the press and protester suit (Chicago Headline Club v. Noem)— Department of Homeland Security

Key points

  • DHS launched Operation Midway Blitz in the Chicago area on 8 September 2025 (DHS; WBEZ).
  • The Castañon Nava consent decree (2022) bars ICE, in its Chicago area of responsibility covering six Midwestern states, from many warrantless 'collateral' arrests made without probable cause that the person is likely to escape (ACLU of Illinois; Seventh Circuit).
  • On 7 October 2025 Judge Jeffrey Cummings found ICE had failed to substantially comply with the decree and extended it by 118 days; he relied in part on 'the unilateral proclamation by a DHS senior official on June 11, 2025 that DHS would no longer comply with the Consent Decree' (Seventh Circuit, 11 December 2025; ABC7 Chicago).
  • In September 2025 the plaintiffs documented 30 more violations, warrantless arrests of Latino residents during Midway Blitz. On 13 November Judge Cummings ordered the release of 13 class members and about 442 potential class members (ACLU of Illinois; Seventh Circuit).
  • DHS records reported by CBS Chicago showed that of about 600 people detained in the area from June to mid-October, only 16 were flagged as high public-safety risks because of criminal histories.
  • On 5 May 2026 the Seventh Circuit affirmed the decree's extension and the release of class members found to have been arrested without a warrant, but reversed the release of 'potential class members' and of people arrested on I-200 administrative warrants (Seventh Circuit final judgment).
  • On 9 October 2025 Judge Sara Ellis restrained federal agents from using tear gas, pepper spray and other weapons against journalists and peaceful protesters, required two warnings before riot-control weapons were used, and required agents to display visible identification; at a later hearing she pressed Bovino to ensure agents wore body cameras (WBEZ). Video shown to her indicated Border Patrol chief Gregory Bovino personally threw tear gas in Little Village on 23 October (WTTW).
  • The Seventh Circuit vacated Judge Ellis's order requiring Bovino to report to court daily as a breach of the separation of powers (31 October 2025), stayed her 6 November preliminary injunction as overbroad, and on 5 March 2026 vacated it after the plaintiffs, citing the end of the surge, dismissed their case (Seventh Circuit).

What Happened

On 8 September 2025 DHS launched Operation Midway Blitz, an immigration enforcement surge across the Chicago area. Border Patrol agents under chief Gregory Bovino joined ICE in neighbourhood sweeps, and protests grew outside the ICE processing facility in Broadview and in neighbourhoods where agents operated (DHS; WBEZ).

Warrantless arrests in breach of a court decree

Since 2022 ICE's Chicago area of responsibility, covering six Midwestern states, has been bound by a consent decree in Castañon Nava v. DHS. ICE agreed to a policy "barring many vehicle stops and warrantless, 'collateral' arrests", meaning arrests without a warrant unless agents have probable cause that the person is likely to escape before one can be obtained, as federal law requires (ACLU of Illinois; Seventh Circuit).

On 11 June 2025 a senior DHS official sent an email "unilaterally declaring that ICE's obligations under the Consent Decree were terminated", according to the Seventh Circuit. Judge Jeffrey Cummings found that 22 of 26 people identified by the plaintiffs had been arrested in violation of the decree earlier in 2025. He also rejected ICE's use of field-issued I-200 forms, citing an ICE Academy training slide that told officers they could carry a blank I-200 for each collateral arrest "so that an individual flight risk analysis is not needed" (Seventh Circuit). On 7 October 2025 he found ICE had failed to substantially comply with the decree, extended it by 118 days and ordered retraining and reporting of every warrantless arrest since June (ABC7 Chicago; Seventh Circuit). The plaintiffs documented 30 more violations, warrantless arrests of Latino residents, during Midway Blitz (ACLU of Illinois).

On 13 November 2025 Judge Cummings ordered the release of 13 class members whom both sides agreed were arrested in violation of the law, and of about 442 "potential class members" (Seventh Circuit). DHS records reported by CBS Chicago showed that of about 600 people detained in the area between June and mid-October, only 16 had criminal histories flagging them as high public-safety risks.

The Seventh Circuit refused to stay the decree's extension, finding the district court had cited "multiple instances where Defendants had failed to comply with the Consent Decree while making warrantless arrests" and the DHS official's June proclamation. It stayed most of the release order pending individual determinations (11 December 2025). On 5 May 2026 it affirmed the extension and the release of class members found to have been arrested without a warrant, and reversed the release of "potential class members" and of people arrested on I-200 administrative warrants. In February 2026 the government acknowledged 46 arrests that violated the decree but, according to the plaintiffs, refused to release those people, or to release them without conditions; on 17 February 2026 the court ordered four still in custody released (ACLU of Illinois).

Force against protesters and the press

On 9 October 2025, in a suit brought by news organisations, journalists and protesters, Judge Sara Ellis issued a temporary restraining order barring federal agents from using tear gas, pepper spray and other weapons against journalists and peaceful protesters who posed no serious threat. It required two warnings before riot-control weapons were used and visible identification on agents' uniforms; at a later hearing the judge pressed Bovino to ensure agents wore body cameras (WBEZ).

Reported incidents continued. On 23 October agents fired tear gas into a crowd in Little Village; Alderman Byron Sigcho-Lopez said he heard no order to disperse, and video presented to the court indicated that Bovino himself threw at least two canisters. DHS said agents had given "multiple warnings" (WTTW). At a November hearing the Rev. David Black, a plaintiff, testified with video that he was shot with pepper balls at least seven times outside Broadview, and another witness testified that agents fired pepper balls and tear gas without warning and that an agent in an armoured vehicle pointed a weapon at protesters (WTTW). Judge Ellis ordered Bovino to report to court every weekday. On 31 October the Seventh Circuit vacated that order, finding it made the court an "inquisitor" and a supervisor of the executive branch, in breach of the separation of powers.

On 6 November Judge Ellis certified a class and granted a preliminary injunction covering federal law enforcement across the district, later explained in more than 170 pages of findings in which she found the government's witnesses not credible. The Seventh Circuit stayed the injunction as overbroad. When the surge wound down, the plaintiffs, saying the roughly 200–225 agents led by Bovino had left the district and they had received no reports of the challenged conduct since 8 November, dismissed their case and agreed not to oppose vacatur. On 5 March 2026 the Seventh Circuit vacated the injunction and its findings without ruling on their merits. Judge Easterbrook dissented (Seventh Circuit).

Arbitrary arrest. Warrantless arrests without probable cause of flight breach 8 U.S.C. § 1357(a)(2), the Fourth Amendment and, internationally, Article 9 of the ICCPR, which bars arbitrary arrest. The consent decree findings, affirmed in part on appeal, establish that ICE made such arrests during 2025, including during Midway Blitz, and failed to substantially comply with a binding court decree. The scale that is judicially established is dozens of individual violations, not the hundreds first ordered released: the Seventh Circuit reversed the release of potential class members whose cases had not been individually decided.

Defiance of a binding order. The most serious finding is structural. A senior DHS official declared ICE's obligations under a court-approved consent decree terminated, and the district court found, and the Seventh Circuit accepted, substantial noncompliance. That is an executive agency treating a binding court order as optional.

Force against assembly and press. Using chemical agents against peaceful protesters and journalists engages the First Amendment and ICCPR Articles 19 and 21. A federal judge found the conduct serious enough to restrain, but her findings no longer stand: they were vacated after the plaintiffs abandoned the case, without any appellate ruling on whether they were right. The appeals court also criticised the injunction as overbroad and flagged doubts about the plaintiffs' standing.

Strongest defence argument. The government argues that its agents faced rocks, bottles and threats; that the Ellis injunction was overbroad and has been vacated; and that many of the people ordered released were arrested on administrative warrants, which the Seventh Circuit agreed fell outside the release order. These points are partly right: they cut the use-of-force findings and the release order down considerably. They do not answer the affirmed finding of substantial noncompliance with the consent decree, or DHS's declared termination of its obligations under it.

International crime? None is in play. There is no armed conflict, and arbitrary arrests and excessive force by immigration agents have not been shown to form part of an attack on a civilian population under Article 7.

Why This Grade

This entry is graded critical, with no war-crime classification.

  • The critical grade expressly covers defiance of binding court orders. A senior DHS official declared ICE's obligations under a federal consent decree terminated, and the courts found substantial noncompliance through warrantless arrests during this operation. The Seventh Circuit affirmed that finding.
  • The use-of-force material supports the picture of an operation conducted with disregard for legal limits, but its judicial findings were vacated, so it is reported here as testimony and press reporting, not as a finding.
  • The entry would drop to severe if the consent-decree findings were reversed. As of the Seventh Circuit's May 2026 judgment, they stand in part.

Confidence in this grade: medium.

International law engaged

InstrumentProvisionWhat it protects or prohibits
International Covenant on Civil and Political RightsArticle 9Freedom from arbitrary arrest and detention (US is a party)
International Covenant on Civil and Political RightsArticles 19 and 21Freedom of expression, including of the press, and of peaceful assembly (US is a party)
UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials—Non-binding standards: force only when strictly necessary and proportionate; dispersal of non-violent assemblies without force where possible

Sequence of events

  1. DHS official says DHS will stop complying with the decree

    A senior DHS official sends an email 'unilaterally declaring that ICE's obligations under the Consent Decree were terminated' (Seventh Circuit).

  2. Operation Midway Blitz launched

    DHS announces the Chicago-area enforcement operation (DHS).

  3. Judge Cummings finds decree violations

    Judge Jeffrey Cummings finds ICE failed to substantially comply with the consent decree through warrantless arrests, extends the decree and orders retraining and reporting (ABC7 Chicago; Seventh Circuit).

  4. Judge Ellis restrains use of force against press and protesters

    Judge Sara Ellis issues a temporary restraining order limiting tear gas, pepper balls and force against journalists and peaceful protesters and requiring visible ID (WBEZ).

  5. Tear gas in Little Village

    Agents fire tear gas at a crowd in Little Village; an alderman says he heard no dispersal order, and video shown to the court indicates Bovino deployed at least two canisters (WTTW).

  6. Seventh Circuit vacates daily-reporting order

    The Seventh Circuit grants mandamus against Judge Ellis's order requiring Bovino to appear in court every weekday, finding it put the court in the role of 'inquisitor' and infringed the separation of powers (Seventh Circuit).

  7. Ellis preliminary injunction

    Judge Ellis certifies a class and grants a district-wide preliminary injunction, later supported by more than 170 pages of findings in which she found the government's witnesses not credible (Seventh Circuit, 5 March 2026).

  8. Mass release order

    Judge Cummings orders the release of 13 class members and about 442 potential class members arrested during the surge (Seventh Circuit; ACLU of Illinois).

  9. Seventh Circuit partly stays release order

    The Seventh Circuit refuses to stay the decree's extension but stays most of the release order pending individual determinations (Seventh Circuit).

  10. Ellis injunction vacated

    After the plaintiffs dismissed their case because the surge had ended, the Seventh Circuit vacates the preliminary injunction under Munsingwear; Judge Easterbrook dissents (Seventh Circuit).

  11. Seventh Circuit rules on decree appeal

    The court affirms the 118-day extension and the release of class members found arrested without a warrant, and reverses the rest of the release order (Seventh Circuit final judgment).

Sources

  1. ICE Launches Operation Midway Blitz in Honor of Katie Abraham to Target Criminal Illegal Aliens Terrorizing Americans in Sanctuary Illinois — US Department of Homeland Security
  2. Castañon Nava v. Department of Homeland Security — ACLU of Illinois
  3. Federal judge rules ICE warrantless arrests in Chicago area unlawful — ABC7 Chicago
  4. Castañon-Nava v. DHS, No. 25-3050, opinion on stay pending appeal (11 December 2025) — US Court of Appeals for the Seventh Circuit (via CourtListener)
  5. Castañon Nava v. DHS, No. 25-3050, final judgment (5 May 2026) — US Court of Appeals for the Seventh Circuit (via CourtListener)
  6. Only 16 of over 600 detained by ICE in Chicago area have criminal histories, records show — CBS Chicago
  7. Border Patrol's Bovino agrees to return to court daily, as he and federal judge talk body cams, tear gas, IDs — WBEZ
  8. Border Patrol Chief Greg Bovino, Other Agents Fired Tear Gas at Little Village Crowd 'Without Justification,' Lawyers Say — WTTW
  9. Judge Ellis to rule on immigration agents' use of force — WTTW
  10. In re Noem, No. 25-2936, order granting mandamus (31 October 2025) — US Court of Appeals for the Seventh Circuit (via CourtListener)
  11. Chicago Headline Club v. Noem, No. 25-3023, plaintiffs-appellees' agreed motion to stay appeal (2 December 2025) — US Court of Appeals for the Seventh Circuit (via CourtListener)
  12. Chicago Headline Club v. Noem, No. 25-3023, opinion vacating preliminary injunction (5 March 2026) — US Court of Appeals for the Seventh Circuit (via CourtListener)

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