Court Orders Bond Hearing for Woman Detained by ICE at Chicago Daycare (Chicago, IL) – A federal judge on Wednesday granted a habeas corpus petition for Diana Santillana Galeano, the woman whose arrest by immigration officers at a North Side daycare center drew national outrage earlier this month.
Santillana will remain in Immigration and Customs Enforcement (ICE) custody in Clark County, Indiana, until a bond hearing before an immigration judge, expected to take place next week.
“We are pleased to report that the court has granted Ms. Santillana’s habeas petition,” said attorney Charlie Wysong of Hughes Socol Piers Resnick & Dym, Ltd., who represents Santillana alongside Naiara Testai. “The Court has recognized that Diana and scores of others like her should not be in custody indefinitely. This is an important step on Diana’s path to returning home where she belongs.”
Federal agents detained Santillana earlier this month at Rayito de Sol, a North Side daycare center where she worked. Videos of the arrest circulated widely on social media, sparking protests and calls for accountability from immigrant rights groups.
In his written order, U.S. District Judge Jeremy C. Daniel ruled that Santillana’s detention without a bond hearing was unlawful, noting that the federal statute cited by the government did not apply to her case and that due process required a hearing.
“The petitioner’s detention without a bond hearing is unlawful because 8 U.S.C. § 1225(b) does not apply to the petitioner and because due process requires a bond hearing,” Daniel wrote, adding that other courts had similarly found the government’s reliance on Matter of Yajure Hurtado to be unconstitutional.
The court ordered the government to provide Santillana with a bond hearing by November 18, and to file a report by November 20 detailing the outcome.
The decision marks a significant victory for Santillana and immigrant rights advocates who have criticized ICE for what they describe as overly aggressive enforcement actions in sensitive community spaces.
Court Orders Bond Hearing for Woman Detained by ICE at Chicago Daycare
