A federal judge has ruled that the immigration detention of a Chicago father, whose teenage daughter is fighting advanced cancer, is illegal and ordered a bond hearing by October 31. This decision highlights the tension between enforcement and humanitarian concerns in U.S. immigration policy.
On October 26, 2025, U.S. District Judge Jeremy Daniel declared that Immigration and Customs Enforcement (ICE) unlawfully detained Ruben Torres Maldonado, violating his constitutional due process rights. While the judge did not grant immediate release, he mandated a bond hearing to be held on or before October 31, emphasizing that the court must act within legal constraints. The ruling came after Torres was detained on October 18, sparking legal challenges from his attorneys who argued for his freedom amid his daughter’s health crisis.
Torres, a 40-year-old painter and home renovator, was arrested in the parking lot of a Home Depot store in Niles, Illinois, shortly after his 16-year-old daughter, Ofelia Torres, returned home from the hospital. Ofelia was diagnosed in December 2024 with metastatic alveolar rhabdomyosarcoma, a rare and aggressive form of soft-tissue cancer, and has been undergoing intensive chemotherapy and radiation treatments. Her condition requires consistent medical care, and family support is vital for her recovery.
The family’s legal team emphasized that Ofelia’s treatment has been disrupted since her father’s detention, with attorneys stating she had to pause therapies due to emotional stress and family separation. During a court hearing, Ofelia attended in a wheelchair, and doctors noted that stable family environments are crucial for patients with serious illnesses. The absence of her father has compounded her health challenges, potentially affecting her prognosis.
Judge Daniel acknowledged the “plight” of Ofelia but clarified that judicial authority is limited by existing laws. He found that ICE’s detention violated due process, necessitating a prompt bond hearing. The ruling reflects a balance between enforcing immigration laws and protecting individual rights, particularly in cases involving severe medical needs. This aspect of the decision underscores the judiciary’s role in addressing humanitarian issues within legal frameworks.
In response, Torres’ attorney, Kalman Resnick, welcomed the ruling as a confirmation of ICE’s illegal actions and stated plans to seek his release on bond. Resnick described Torres as a hardworking individual who entered the U.S. in 2003 and belongs with his family, including his U.S. citizen children. Conversely, the Department of Homeland Security defended the detention, alleging Torres has lived illegally in the U.S. for years and has a history of driving offenses, including driving without a valid license and insurance.
The case has ignited broader debates, with several Illinois lawmakers and community advocates rallying behind the family and holding news conferences to protest the arrest. It occurs amid “Operation Midway Blitz,” an intensified immigration enforcement effort in the Chicago area that began in September 2025, raising questions about its impact on mixed-status families and the prioritization of enforcement over compassionate considerations.
The upcoming bond hearing on October 31 will be pivotal, potentially leading to Torres’ release and allowing him to support his daughter through her treatment. This ruling may influence how immigration authorities handle similar cases involving families with severe medical needs, highlighting ongoing tensions in U.S. immigration policy and the need for reforms that balance enforcement with humanity.