In late January, federal officers in SUVs intercepted the Gregorio brothers during their morning commute to their job assembling wooden pallets in a suburb of Chicago. Jhony and Bayron were in one vehicle, while their brother Marco followed in another. When Jhony provided his identification, an Immigration and Customs Enforcement (ICE) officer removed him from the car. In a short time, over a dozen other officers had joined, and Jhony noticed that his brother Marco had also been stopped.
The three brothers from Guatemala had been residing and working in the U.S. without authorization and had no criminal records. However, Bayron had a deportation order against him. Despite this, the authorities decided to detain all three brothers.
The Trump administration, aiming to fulfill a promise to increase deportations, engaged in tactics that led to numerous legal challenges across the nation and instilled fear within immigrant communities. Agents were noted for detaining individuals and transporting them to various places such as Guantanamo Bay in Cuba, Panama, and a prison in El Salvador without legal proceedings or opportunities for communication. However, operations in cities like Chicago have raised similar legal concerns, as agents conduct quieter arrests involving small groups of people.
Lawyers representing Jhony and Marco argue that their detentions are among at least 22 cases that breached a court settlement. This agreement prohibits the detention of undocumented individuals incidentally encountered while executing warrants for others. Known as collateral detentions, these incidents were addressed in a 2022 class-action settlement with specific guidelines, including new restrictions on warrantless arrests.
Lawyers for the Trump administration have rejected accusations of breaching the settlement, known as the Nava agreement, insisting the arrests were conducted with warrants. The Nava settlement establishes strict guidelines for warrantless arrests by ICE, requiring evidence that individuals intend to flee court proceedings.
Mark Fleming from the National Immigrant Justice Center, representing the Gregorios, criticized the administration’s approach to immigration enforcement, suggesting it reflects a broader disregard for democratic principles and legal rules. Despite legal challenges, observers and advocates anticipate no changes in enforcement tactics.
Neither ICE nor the Department of Homeland Security have responded to requests for comments. During initial roundups in January, the administration confirmed using collateral arrests as an enforcement strategy in sanctuary cities, where local authorities do not cooperate in immigrant detentions. Tom Homan, the White House border czar, indicated this approach was necessary due to local authorities’ lack of cooperation.
The Nava settlement’s guidelines were adopted nationally under the Biden administration but were repealed when Trump took office. The agreement remains effective in states covered by the Chicago ICE office and is scheduled to expire in May.
Attorneys for the National Immigrant Justice Center and ACLU of Illinois are seeking a court order to stop warrantless arrests and are asking for reimbursement of bond costs and weekly reporting of such arrests. They also seek the release of two clients still detained.
Jhony and Marco Gregorio’s attorneys argue their clients were not flight risks, having lived in the U.S. for over a decade with strong local ties. Jhony is married with a U.S.-born child. The attorneys assert that any warrants against them were created post-detention, contrary to the agreement’s stipulations.
Ultimately, Jhony and Marco, alongside most other migrants mentioned in the lawsuit, were released. However, they still face immigration proceedings, while Bayron Gregorio’s arrest has not been legally challenged.
Among those mistakenly detained was Julio Noriega, a U.S. citizen. Noriega was handing out resumes when ICE officers detained him and only realized his citizenship after some time in custody.
Another individual involved, Abel Orozco-Ortega, was detained when officers sought his son. Despite having no criminal history, Orozco-Ortega was detained and remains in the U.S. without authorization. His wife, Yolanda, spoke out in his defense, highlighting his work ethic and community involvement.
The National Immigrant Justice Center continues to gather instances of what they believe to be warrantless arrests.
