Federal Judge Orders Bond Hearing for Chicago Man Detained by ICE

A federal judge has ruled that the detention of a Chicago man, whose daughter is undergoing treatment for advanced cancer, is illegal. Ruben Torres Maldonado, 40, must be granted a bond hearing by October 31, 2023, after being detained by immigration authorities on October 18, 2023. His attorneys argued for his release as his deportation case progresses.

U.S. District Judge Jeremy Daniel stated in a ruling issued on Friday that Torres’ detention violates his due process rights. However, he clarified that he could not mandate Torres’ immediate release, emphasizing the need to operate within legal constraints. In his order, Judge Daniel expressed sympathy for the health struggles faced by Torres’ daughter, Ofelia Torres, who has been diagnosed with a rare form of cancer.

Torres’ attorney, Kalman Resnick, described the ruling as a temporary victory. “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 stated on Friday evening.

Torres, a painter and home renovator, was detained at a Home Depot store in the Chicago suburbs. His daughter, Ofelia, is 16 years old and has been battling metastatic alveolar rhabdomyosarcoma, an aggressive form of soft-tissue cancer. She has undergone chemotherapy and radiation treatment since her diagnosis in December. Torres entered the United States in 2003, and he and his partner, Sandibell Hidalgo, have a 4-year-old son, both of whom are U.S. citizens.

In a video posted on a GoFundMe page set up for the family, Ofelia expressed her distress over her father’s detention. “My dad, like many other fathers, is a hard-working person who wakes up early in the morning and goes to work without complaining, thinking about his family,” she said. “I find it so unfair that hardworking immigrant families are being targeted just because they were not born here.”

The Department of Homeland Security contends that Torres has been living illegally in the U.S. and has a history of driving offenses, including operating a vehicle without a valid license and insurance. Assistant Homeland Security Secretary Tricia McLaughlin responded to the ruling, stating, “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.”

During a hearing on Thursday, Ofelia attended in a wheelchair after being released from the hospital the day before her father’s arrest. Family attorneys reported that the stress from her father’s detention has impacted her ability to continue her treatment. Federal prosecutor Craig Oswald indicated the government opposed Torres’ release due to his lack of cooperation during his arrest.

Public officials have rallied in support of Torres, holding a news conference to protest his detention as part of a broader initiative known as Operation Midway Blitz, which has intensified immigration enforcement in the Chicago area since early September. The outcome of Torres’ bond hearing may significantly impact his family’s future as they navigate the challenges posed by his detention and Ofelia’s ongoing health crisis.