DEPORTATIONSUnder Pressure from Trump, ICE Is Pushing Legal Boundaries
Confrontations with judges are grabbing attention, but more quietly a pattern of questionable arrests shows the extent to which the administration is willing to test norms and laws.
The Gregorio brothers had just begun their daybreak commute to work assembling wooden pallets in late January when federal officers in SUVs pulled them over in a Chicago suburb. Jhony and Bayron were in one car. A third brother, Marco, was traveling separately, in another car behind them.
After Jhony Gregorio handed over his identification, an officer with Immigration and Customs Enforcement opened his door and pulled him out. Before long, more than a dozen other officers had arrived. Gregorio could see they had also stopped his brother Marco.
All three had been living and working in the United States without authorization after arriving from Guatemala. None had criminal records. But Bayron Gregorio had received a deportation order. Instead of detaining only him, authorities took all three brothers into custody.
Attempting to fulfill a campaign pledge to deport millions of people, the Trump administration has turned to tactics that have prompted a flurry of court challenges across the country and created an atmosphere of fear. Each week has brought a new example, as agents have detained immigrants and shuttled them out of the country to Guantanamo Bay, Cuba; Panama; and, most recently, a dangerous prison in El Salvador without hearings, much less opportunities to communicate with lawyers and relatives.
But in Chicago and other cities, there are quieter operations underway that raise similar legal questions as federal agents pick up people in ones, twos and threes.
Lawyers for Jhony and Marco Gregorio are arguing that their arrests were among at least 22 that violated a court settlement prohibiting authorities from detaining undocumented people they coincidentally encounter while serving warrants for others. So-called collateral detentions were the subject of a 2022 class-action settlement that set out stricter parameters for how agents should handle these situations, including new restrictions on warrantless arrests.
Attorneys for the Trump administration have denied allegations that the arrests occurred in violation of that agreement, called Nava, after one of the original plaintiffs. Specifically, administration lawyers argued the arrests were not warrantless, according to court records.
Under the Nava settlement, ICE agents are required to adhere to strict guidelines to make warrantless arrests, including establishing that someone will attempt to flee instead of participating in court proceedings.
