A federal judge has determined that the detention of a Chicago man, whose daughter is undergoing treatment for advanced cancer, by immigration authorities 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 on October 18 while at a Home Depot in the Chicago area.
Judge Daniel’s ruling emphasized that Torres’ detention violates his due process rights. Although he acknowledged the serious health concerns surrounding Torres’ daughter, Ofelia Torres, he stated that court procedures must adhere to established laws and regulations. “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 wrote in his order.
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,” he said. “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.”
Torres, a painter and home renovator, entered the United States in 2003. He and his partner, Sandibell Hidalgo, have two children, including Ofelia, who has been battling a rare and aggressive form of soft-tissue cancer known as metastatic alveolar rhabdomyosarcoma. She has been receiving chemotherapy and radiation treatment since her diagnosis in December.
In a video posted on a GoFundMe page created for her 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 stated. “I find it so unfair that hardworking immigrant families are being targeted just because they were not born here.”
The Department of Homeland Security has claimed that Torres has been living illegally in the U.S. for several years, citing a history of driving offenses including driving without a valid license and insurance. Assistant Homeland Security Secretary Tricia McLaughlin condemned the legal efforts to secure Torres’ release, calling it a “desperate Hail Mary attempt to keep a criminal illegal alien in our country.”
At a hearing preceding the judge’s ruling, Ofelia, who attended in a wheelchair, had just been released from the hospital to see family and friends. According to family attorneys, the stress from her father’s arrest disrupted her treatment regimen. Federal prosecutor Craig Oswald argued against Torres’ release, citing his lack of cooperation during the arrest.
The Chicago area has recently been a focal point for immigration enforcement, particularly under an operation dubbed “Operation Midway Blitz,” which commenced in early September. Several local elected officials have voiced their opposition to Torres’ detention, holding a news conference to protest the actions taken by immigration authorities. The case continues to draw attention to the complex interactions between immigration policy and public health, particularly for families facing severe medical challenges.
