A federal judge in Chicago ruled that the U.S. government illegally detained Diana Patricia Santillana Galeano, a day care teacher arrested by immigration agents inside her preschool. The judge’s decision requires the government to hold a bond hearing for her, and an immigration judge will decide whether to release her while her deportation case continues.
Judge Says ICE Must Give Diana Santillana a Bond Hearing
The ruling, issued Wednesday by U.S. District Judge Jeremy Daniel, marks a major legal win for Diana Santillana and others who face long detentions while their immigration cases are pending. According to the court order, she will attend her bond hearing on Tuesday, giving her a chance to argue for release after authorities have kept her in custody since early November.
Federal agents arrested Diana Santillana, a mother of two from Colombia, on November 5 at the Rayito de Sol Spanish Immersion Early Learning Center on Chicago’s North Side, where she cared for infants. Her detention quickly drew national attention after a video of the arrest spread online, showing agents forcefully pulling her out of the school building as she screamed for help.
Arrest Inside a School Sparks Public Outrage
The video of Diana Santillana’s arrest shocked parents, teachers, and community members. In the footage, several Immigration and Customs Enforcement (ICE) agents are seen entering the preschool’s glass vestibule early in the morning. The video captures Diana crying and shouting “I have papers!” in Spanish as agents push her against a car and handcuff her.
Witnesses said that agents did not present a warrant when they entered the building. The preschool’s staff confirmed that Diana Santillana had proper work authorization and had passed all required background checks to work with children.
Parents and local leaders have questioned why federal agents carried out an arrest at a school, a place typically considered safe from enforcement actions. Many pointed out that ICE usually follows a policy known as a “sensitive locations” policy, which discourages agents from making arrests in schools, hospitals, or places of worship unless absolutely necessary.
However, the Department of Homeland Security (DHS) later said that ICE agents targeted Diana Santillana during a traffic stop, claiming they stopped her and a male passenger while they were driving early that morning. Officials said she had illegally entered the U.S. on June 26, 2023, and that Border Patrol released her under the Biden administration’s release process for certain migrants.
Still, people continue to question whether ICE agents had followed or targeted Diana Santillana before that stop and why they carried out the arrest inside the preschool.
Judge’s Ruling Seen as Victory for Diana and Fair Treatment
Judge Jeremy Daniel ruled that detaining people like Diana Santillana indefinitely without a bond hearing violates federal law and fairness. The court ordered ICE to give Diana, a Chicago day care teacher, a hearing where she can request release while her civil immigration case continues.
Her attorneys, Charlie Wysong and Naiara Testai, described the ruling as a major step toward justice. “The Court recognized that Diana and others like her should not remain in custody indefinitely,” Wysong said. “This ruling marks an important step on Diana’s path to returning home where she belongs.”
The decision could influence other immigration cases involving people held without hearings and adds to the debate over how ICE enforces immigration laws, especially in sensitive areas like schools. Diana Santillana’s case has become a symbol of fear among immigrant families facing deportation.
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Community members in Chicago rallied to support her, calling for compassion and transparency. The Rayito de Sol Early Learning Center, where she worked, confirmed that Diana dedicated herself to teaching and that children and parents alike loved her.
ICE stated that it acted within its authority and claimed that Diana’s detention followed a prior encounter with Border Patrol. The agency has not yet commented on the judge’s order but is expected to comply.
For now, Diana Santillana remains in federal custody, awaiting her upcoming bond hearing, where her lawyers will argue she poses no flight risk or danger to the community.
