Judge Declares Chicago Man’s Immigration Detention Illegal

A federal judge has ruled that the immigration detention of a Chicago man, whose daughter is battling cancer, is illegal. U.S. District Judge Jeremy Daniel ordered that Ruben Torres Maldonado, 40, must be granted a bond hearing by October 31, 2023. Torres was detained by immigration authorities on October 18 as his 16-year-old daughter, Ofelia Torres, undergoes treatment for advanced cancer.

In his order released on Friday, Judge Daniel emphasized that while he recognized the challenges faced by Torres’ family, he could not mandate his immediate release due to the legal framework governing such cases. “While sympathetic to the plight the petitioner’s daughter faces due to her health concerns, the court must act within the constraints of the relevant statutes, rules, and precedents,” the judge stated.

Torres, a painter and home renovator, was taken into custody at a Home Depot store in the Chicago suburbs. His daughter was diagnosed in December 2022 with metastatic alveolar rhabdomyosarcoma, a rare and aggressive cancer. She has been undergoing both chemotherapy and radiation treatment. According to his legal representatives, Torres entered the United States in 2003 and has lived with his partner, Sandibell Hidalgo, and their four-year-old son, both of whom are U.S. citizens.

Torres’ attorney, Kalman Resnick, described the ruling as a significant step forward. “We’re pleased that the judge ruled in our favor in determining that ICE is illegally detaining Ruben. We will now turn the fight to immigration court so we can secure Ruben’s release on bond while he applies for permanent residence status,” Resnick said in a statement.

The family is facing significant emotional distress. Ofelia, who attended a court hearing in a wheelchair, had been released from the hospital just a day before her father’s arrest. Since his detention, she has struggled to continue her treatment due to the added stress, according to her attorneys.

The Department of Homeland Security claims that Torres has been living illegally in the U.S. for years and cites a history of driving offenses, including driving without a valid license and insurance. In response to the court ruling, Assistant Homeland Security Secretary Tricia McLaughlin stated, “This is nothing more than a desperate Hail Mary attempt to keep a criminal illegal alien in our country. The Trump administration is fighting for the rule of law and the American people.”

The case has drawn attention in the Chicago area, where multiple elected officials have voiced their concerns over Torres’ detention. They held a news conference to protest his arrest, which is part of a larger immigration enforcement operation known as “Operation Midway Blitz,” initiated in early September.

As the legal proceedings continue, the Torres family remains hopeful for a resolution that will allow them to reunite and focus on Ofelia’s health.