A federal judge has ruled that the detention of a Chicago man, whose daughter is undergoing treatment for advanced cancer, by immigration authorities was illegal. Ruben Torres Maldonado, aged 40, was taken into custody on October 18, 2023, and must be granted a bond hearing by October 31, 2023. U.S. District Judge Jeremy Daniel stated that Torres’ detention violates his due process rights, although he could not order an immediate release.
In his order, Judge Daniel expressed sympathy for the family’s situation but emphasized the need to operate within legal constraints. “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,” he stated.
Torres’ attorney, Kalman Resnick, described the ruling as a positive outcome for their case. “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 following the ruling.
The case has garnered public attention due to the health crisis facing Torres’ daughter, Ofelia Torres, who was diagnosed in December with metastatic alveolar rhabdomyosarcoma, a rare and aggressive soft-tissue cancer. She has been undergoing chemotherapy and radiation treatment since her diagnosis.
Torres, a painter and home renovator who entered the U.S. in 2003, was detained at a Home Depot store in the suburbs of Chicago. Ofelia and her younger brother, aged four, are U.S. citizens. Ofelia expressed her distress regarding her father’s detention in a video posted to a GoFundMe page established to support their family. “I find it so unfair that hardworking immigrant families are being targeted just because they were not born here,” she said.
The Department of Homeland Security (DHS) has claimed that Torres has been living in the U.S. illegally for several years and has a history of driving offenses, including operating a vehicle without a valid license and insurance. Assistant Homeland Security Secretary Tricia McLaughlin criticized the legal challenge, stating, “This is nothing more than a desperate Hail Mary attempt to keep a criminal illegal alien in our country.” She further reinforced the current administration’s commitment to enforcing immigration laws.
During a hearing on Thursday, which Ofelia attended in a wheelchair, family attorneys stated that she had been discharged from the hospital just a day before her father’s arrest to reconnect with loved ones. They reported that her treatment had been disrupted due to the stress caused by her father’s detention.
Federal prosecutor Craig Oswald argued against Torres’ release, citing a lack of cooperation during his arrest. As the case progresses, several local elected officials have publicly protested Torres’ detention, highlighting concerns about the ongoing immigration enforcement operations in the Chicago area, notably the recent initiative known as Operation Midway Blitz, which began in early September.
The ruling represents a critical moment for Torres and his family as they navigate the complexities of the immigration system while dealing with a serious health crisis. The upcoming bond hearing set for the end of October will be pivotal in determining Torres’ future in the United States.
