Midway Blitz Fallout: Legal Challenges to ICE Arrests in Illinois Mount

In Illinois, a state known for its robust immigrant protections, a series of ICE (Immigration and Customs Enforcement) arrests have sparked significant legal challenges. These challenges, largely a response to what’s been dubbed the “Midway Blitz,” raise critical questions about due process, warrant requirements, and the rights of individuals, including U.S. citizens, in encounters with federal immigration authorities. The ACLU of Illinois and the National Immigrant Justice Center have been at the forefront of these legal battles, alleging violations of a standing federal consent decree and constitutional rights.

Operation Midway Blitz: A Contentious Enforcement Surge

Operation Midway Blitz, launched by ICE in early September of 2025, has resulted in over 800 arrests across Illinois. DHS claimed the operation targeted “criminal illegal aliens” who sought refuge in Illinois due to its sanctuary policies. However, critics argue that the operation has been overly broad, leading to the detention of individuals without proper warrants or probable cause, including U.S. citizens.

This operation has drawn sharp criticism from Illinois Governor JB Pritzker and Attorney General Kwame Raoul. Raoul has warned of potential lawsuits if federal troops are deployed and has supported legal challenges brought by immigrant rights groups.

The Core of the Legal Challenges

The legal challenges to ICE arrests in Illinois center on several key issues:

Warrantless Arrests: A major point of contention is ICE’s alleged practice of conducting arrests without judicial warrants. A federal consent decree, established in 2022, stipulates that ICE agents cannot arrest individuals in the Chicago area without a warrant unless there is a reasonable belief that the person is in the U.S. illegally and would flee before a warrant could be obtained. The ACLU and NIJC argue that ICE has violated this decree through Operation Midway Blitz.
Due Process Violations: Lawsuits allege that individuals arrested during the operation were not informed of the reasons for their detention. In some instances, ICE officers were masked and failed to identify themselves or display badges. This raises serious concerns about due process rights, which ensure that individuals are treated fairly under the law.
Detention of U.S. Citizens: Perhaps the most alarming aspect of the legal challenges is the claim that U.S. citizens have been wrongly detained during ICE raids. The ACLU of Illinois has highlighted cases of citizens being held for extended periods, raising questions about ICE’s procedures for verifying immigration status during arrests.
Collusion between DHS and DOJ: A class action lawsuit alleges collusion between the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to strip people of basic due process rights afforded under U.S. immigration law and the Fifth Amendment in order to place them in expedited removal proceedings and deport them without hearings.

Key Legal Concepts at Play

Understanding the legal challenges requires familiarity with a few key concepts:

Judicial Warrant: A judicial warrant is a court order signed by a judge that authorizes law enforcement officers to enter a private residence or building without the owner’s consent. ICE agents are generally required to have a judicial warrant to enter a home.
Probable Cause: Probable cause refers to a reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence of a crime exists. Law enforcement officers must have probable cause to make an arrest.
Consent Decree: A consent decree is an agreement between two parties that is enforced by a court. In the context of ICE arrests in Illinois, the 2022 consent decree requires ICE to adhere to specific warrant requirements.
Due Process: The Fifth and Fourteenth Amendments to the U.S. Constitution guarantee due process of law, which includes the right to notice of charges, the right to be heard, and the right to a fair trial.

The Role of Sanctuary Policies

Operation Midway Blitz has been framed by some as a response to Illinois’s sanctuary policies. These policies, formalized in the Illinois TRUST Act, limit the cooperation of local law enforcement with ICE. Proponents of sanctuary policies argue that they foster trust between immigrant communities and law enforcement, encouraging immigrants to report crimes without fear of deportation. Critics, however, contend that these policies shield dangerous criminals from deportation and undermine federal immigration law.

Advice for Those Encountering ICE

If you encounter ICE agents, it’s crucial to know your rights:

Remain Silent: You have the right to remain silent and refuse to answer questions.
Request a Lawyer: You have the right to speak to a lawyer before signing anything.
Do Not Open the Door: If ICE agents come to your home, do not open the door unless they have a judicial warrant.
Report ICE Activity: You can report ICE activity to the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) family support hotline at (855) 435-7693.

The Broader Implications

The legal challenges to ICE arrests in Illinois have broader implications for immigration enforcement nationwide. They raise fundamental questions about the balance between national security, border control, and individual rights. The outcomes of these cases could shape the future of immigration enforcement practices and the relationship between federal authorities and sanctuary jurisdictions.

The “Midway Blitz Fallout” serves as a stark reminder of the ongoing tensions surrounding immigration enforcement in the United States. As legal challenges continue to mount, the courts will play a critical role in defining the boundaries of ICE’s authority and safeguarding the rights of all individuals, regardless of immigration status.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have been arrested by ICE or have questions about your immigration status, consult with an experienced immigration attorney.