Plaintiffs filed a lawsuit against the Department of Homeland Security alleging that the department violated federal law by arresting non-citizens without reason to believe that they were likely to escape before warrants could be obtained. To resolve the lawsuit, the parties entered into a consent decree. On appeal, defendants did not challenge the validity of the consent decree or the authority of the district court to enter it, but objected to the district court’s decision to extend the consent decree by 118 days due to defendant’s substantial non-compliance and the district court’s order that the defendant release 13 class members as well as approximately 200 additional individuals whose arrests “potentially” violated the law. The Seventh Circuit affirmed the order extending the consent decree and affirmed the order for the release of class members to the extent that it ordered the release of class members for whom a determination was made that they were arrested without a warrant but reversed to the extent it required the release of “potential” class members. (PRYOR, concurring in part and concurring in judgment and KIRSCH, dissenting)
Federal 7th Circuit Court
Civil Court
Immigration Laq