A federal judge has determined that the detention of Ruben Torres Maldonado, a 40-year-old Chicago man, by immigration authorities is illegal, particularly given the health crisis facing his daughter. Ofelia Torres, 16, is currently undergoing treatment for advanced cancer, and the court has ordered that Torres must receive a bond hearing by October 31, 2023.
U.S. District Judge Jeremy Daniel issued the ruling on Friday, acknowledging that Torres’ detention violates his due process rights. However, the judge noted that he could not authorize an immediate release. In his order, Judge Daniel expressed sympathy for the family’s situation, stating, “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.”
Torres was detained on October 18, 2023, while working at a Home Depot store in the Chicago suburbs. His legal team has petitioned for his release as his deportation case progresses. Attorney Kalman Resnick described the ruling as a positive step, stating, “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 residency status.”
Ofelia Torres has been battling a rare and aggressive form of cancer known as metastatic alveolar rhabdomyosarcoma. She was diagnosed in December and has been undergoing chemotherapy and radiation treatments. Her father has been a resident of the U.S. since 2003, according to court documents. He and his partner, Sandibell Hidalgo, also have a four-year-old son, both of whom are U.S. citizens.
In a heartfelt video posted on a GoFundMe page, Ofelia expressed her frustration over her father’s detention, stating, “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. 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 in the U.S. illegally for years and has a history of driving violations, which include operating a vehicle without a valid license and insurance. Assistant Homeland Security Secretary Tricia McLaughlin criticized the court’s ruling, describing it as a “desperate Hail Mary attempt to keep a criminal illegal alien in our country.” She emphasized that the Trump administration is committed to enforcing immigration laws.
During a recent hearing attended by Ofelia, who appeared in a wheelchair after being released from the hospital just prior to her father’s arrest, family attorneys informed the court that the stress from the situation has adversely affected her treatment. Federal prosecutor Craig Oswald argued against releasing Torres, citing a lack of cooperation during his arrest.
The Chicago area has experienced heightened immigration enforcement under a crackdown known as Operation Midway Blitz, which began in early September. Several elected officials held a news conference to protest Torres’ detention, highlighting growing concerns over the impact of such operations on local communities and families.
As the case unfolds, the family’s fight for justice continues amidst a backdrop of heightened tensions surrounding immigration policies in the United States.
