Current status of the Castañon Nava consent decree.
Executive summary
The Castañon Nava consent decree, originally entered to curb warrantless ICE arrests after 2018 enforcement operations, remains in force through February 2, 2026 following a federal court order extending the decree by 118 days (to make up the period after ICE tried to stop complying on June 11, 2025) [1] [2]. The district court has found repeated violations, ordered remedial steps including reissuing a nationwide broadcast policy and monthly production of arrest data, but an appeals court has temporarily limited some release orders while litigation continues [3] [1] [4].
1. Origins and core obligations of the decree
The settlement stems from litigation over ICE’s 2018 “Operation Keep Safe” and requires ICE to adopt new policies limiting warrantless arrests, retrain officers, and provide remedies — including release or bond refunds — when the decree is violated [5] [6] [7]. The written settlement and related attachments set out procedures for when warrantless arrests are permissible, require documentation of arrests, and create monitoring and enforcement mechanisms for the northern Illinois district plaintiffs [6] [7].
2. Why the court extended the decree to Feb. 2, 2026
After plaintiffs alleged ICE engaged in numerous additional warrantless arrests during 2025 enforcement activity dubbed “Operation Midway Blitz,” Judge Jeffrey Cummings declined a three‑year extension as overbroad but extended the decree by 118 days, effectively keeping it in force until February 2, 2026 to remedy an interval when defendants had announced non‑compliance [1] [2]. The court’s October 7, 2025 order required ICE to reissue its Broadcast Policy on Warrantless Arrests nationwide and to produce information on arrests in the Chicago area since June 2025 so plaintiffs could assess potential violations [3] [1].
3. Immediate remedies the court ordered and ICE’s obligations
Cummings ordered corrective measures including the nationwide reissuance of ICE’s broadcast policy restricting warrantless arrests, production of A‑numbers and arrest records for detainees in the Northern District of Illinois between June and October 2025, and monthly ongoing disclosures until the decree expires [3] [1]. The district court also identified specific detainees whose arrests it found violated the decree and ordered their release or other remedies, and it instructed that people whose arrests are later found violative should have bonds refunded and be considered released from custody [8] [1].
4. Pushback from the government and appellate intervention
The government signaled resistance by an internal June 11, 2025 email that purported to rescind the May 2022 settlement obligations, prompting litigation over whether the decree remained binding; the district court rejected that unilateral rescission and extended the decree, while the government sought stays and appealed [2]. An appellate court later temporarily halted some district court‑ordered releases related to the “Midway Blitz,” restoring broader arrest authority while the 7th Circuit considers the disputes, so parts of the remedial program are in limbo pending appeal [4].
5. Scope: regional limits, national ripples
The decree’s enforceable geographic scope is the Chicago Field Office’s six‑state region (Illinois, Indiana, Kansas, Missouri, Wisconsin, and parts of Kentucky), but the district court’s directive that ICE reissue a nationwide broadcast policy has broader effect and activists and legal groups say the settlement’s rules will influence ICE practice across the country [9] [5] [7]. Plaintiffs and immigrant‑rights groups frame the decree as a check on recurring patterns of tactics such as pretextual stops and agents wearing “Police”-marked vests, while the government frames its challenges as questions of authority and national enforcement discretion [5] [2].
6. What comes next — status and limits of available reporting
As of the latest court orders, the consent decree remains active until February 2, 2026 with required disclosures and a contested compliance regime; however, key remedies have been stayed in part by the appellate court and the case continues to produce new filings and monthly data disclosures, meaning the situation is fluid and subject to further judicial action [1] [4]. Reporting here is limited to public filings and organizational summaries through late 2025 and early court orders; any developments after the February 2, 2026 expiration or additional appellate rulings are not covered in the cited sources and therefore cannot be asserted here [3] [1] [4].