Written by Were Kelly
A federal judge has ruled that the U.S. government’s detention of Diana Patricia Santillana Galeano, the Chicago preschool teacher arrested by immigration agents earlier this month, is unlawful marking a major turn in a case that has drawn national attention and sparked outrage over immigration enforcement practices in sensitive locations.
In a ruling delivered Wednesday, U.S. District Judge Jeremy Daniel ordered that Santillana be granted a bond hearing before an immigration judge, giving her a chance at release while her civil deportation case continues. Her hearing is scheduled for Tuesday.
“The Court has recognized that Diana and scores of others like her should not be in custody indefinitely,” said her attorney, Charlie Wysong, who represents her alongside Naiara Testai. “This is an important step on Diana’s path to returning home where she belongs.”
ICE officials confirmed the arrest, describing it as a “routine enforcement action” targeting an individual “found to be in the country unlawfully.” However, the decision to conduct the operation at a day care rather than a private residence has been widely condemned as unnecessary and deeply harmful.
“The children are traumatised,” said the centre’s director, recounting how the young pupils witnessed their teacher being taken away by armed officers. “This was their safe space, and that has been shattered.” Staff reportedly spent the rest of the day consoling crying children, many of whom were too young to understand what had happened.
Parents of affected children expressed anger and disbelief, calling the action cruel and intimidating. “She was a wonderful, caring teacher,” said one parent. “To do this in front of babies — it’s heartless.”
Advocacy groups argue that such operations at “sensitive locations” , including schools, hospitals, and places of worship , erode trust between immigrant communities and public institutions. They warn that the incident could discourage families from accessing vital services for fear of enforcement actions
Santillana, a Colombian mother of two, was forcibly detained by armed agents from U.S. Immigration and Customs Enforcement (ICE) at Rayito de Sol Spanish Immersion Early Learning Center in Chicago’s North Center neighborhood on November 5. Video footage of the arrest shows agents pulling her through a glass vestibule as she screams, “¡Tengo papeles!” (“I have papers”) in Spanish. Witnesses described the scene as chaotic and traumatic, with young children crying as officers led her away.
School officials said Santillana was a licensed caregiver who had authorization to work and had passed a full background check. Staff members also alleged that the ICE agents did not present a warrant when they entered the premises a claim that has intensified criticism of the operation’s legality and ethics.
The Department of Homeland Security (DHS) later stated that agents had initially targeted Santillana during a traffic stop and claimed she had illegally entered the U.S. on June 26, 2023, after being encountered by Border Patrol and later released under the Biden administration. However, her lawyers and advocates argue that she was unlawfully targeted and that ICE violated its own policies prohibiting enforcement actions at “sensitive locations” such as schools and day care centers.
The arrest which left children and staff traumatized has since become a flashpoint in the immigration debate, prompting renewed scrutiny of ICE tactics and the balance between enforcement and humanity.
As Santillana awaits her bond hearing, community members and immigrant rights advocates continue to demand her release and accountability from federal authorities. For many, her case has come to symbolize what they see as the cruelty and overreach of immigration enforcement and the fragility of safety for immigrant families in America’s most vulnerable spaces.
