Federal court records show a U.S. district judge has temporarily blocked the Biden administration from removing Diana Patricia Santillana Galeano, a 38-year-old day care worker taken into custody at a Chicago childcare center earlier this week. The order also bars transferring her outside Illinois, Indiana and Wisconsin while the case proceeds. Santillana Galeano’s attorneys say she holds an employment authorization valid through Nov. 12, 2029, and have filed a habeas petition seeking her release on bond. A hearing is scheduled before Judge Jeremy C. Daniel on Nov. 13.
Key Takeaways
- Santillana Galeano, 38, was detained at Rayito de Sol, a Spanish-language immersion day care on Chicago’s North Side, during a Wednesday morning operation.
- Court filings say she entered the U.S. in March 2023 without inspection and was subsequently released by DHS; she was later charged with entry without inspection.
- Her attorneys state she has an employment authorization document valid until Nov. 12, 2029, which they say permits her to work legally in the United States.
- A federal judge temporarily barred her removal and any transfer outside Illinois, Indiana and Wisconsin; a Nov. 13 hearing is set to address a habeas petition and bond request.
- Santillana Galeano has been moved to an ICE facility in Clark County, Indiana, according to her counsel; court filings also indicate she was at one point held at Broadview Processing Facility.
- Attorneys argue DHS arrested her in her workplace without a warrant, which they say may violate a consent decree governing certain arrests.
- Court records do not include a DHS assertion — reported elsewhere — that she paid to have her teenage children smuggled across the border.
Background
The case unfolded after federal agents detained Santillana Galeano at Rayito de Sol, a Spanish-language immersion day care located on Chicago’s North Side. The arrest, described by local officials as chaotic, drew immediate community attention because it occurred in a setting with young children present. Immigration enforcement operations at workplaces and public venues have been a recurring flashpoint in national debates over immigration policy and enforcement tactics.
Santillana Galeano’s legal status is framed by two separate streams: the immigration charge alleging she entered without inspection in March 2023, and the administrative recognition that she holds an employment authorization document. Her lawyers contend the permit — which the filing says is valid through Nov. 12, 2029 — authorizes her employment while immigration proceedings proceed. The government, for its part, has asserted conduct that it says justified the detention.
Main Event
According to court filings and local reports, federal agents arrived at Rayito de Sol on a Wednesday morning and detained Santillana Galeano at the center. Witnesses and local officials described the scene as turbulent, and one official said she appeared to be taken from the facility “in front of her students.” Her attorney, Charlie Wysong, confirmed she was moved to an ICE facility in Clark County, Indiana.
The Department of Homeland Security has told reporters it believes Santillana Galeano fled into the day care after an attempted traffic stop and that she misrepresented her identity; those assertions appear in press reporting about the government’s account. Court documents filed on her behalf say she was initially released by DHS after arriving in March 2023 and later charged with entering without inspection.
Santillana Galeano’s legal team filed a habeas corpus petition and requested a bond hearing, arguing the arrest at her workplace was made without a warrant and may violate a consent decree that limits certain warrantless arrests. They are pressing the court to order a bond hearing promptly and to secure her release while proceedings continue. Judge Jeremy C. Daniel has set a hearing for Nov. 13 to address those claims.
Analysis & Implications
The temporary court order limiting removal and geographic transfers is procedural but significant: it buys time for the court to evaluate whether the government followed legal and constitutional requirements during the arrest and detention. If the judge finds procedural problems — for example, a warrantless arrest contrary to the consent decree — it could affect the lawfulness of continued detention and any removal effort.
For immigrant workers with pending asylum or withholding claims who also hold employment authorization, this case highlights the intersection of administrative relief and enforcement priorities. An employment authorization document does not by itself immunize someone from removal, but it can influence bond determinations and the practical consequences of detention for individuals and their employers and communities.
Politically and socially, workplace and school-based detentions provoke strong local responses and can catalyze rapid legal and advocacy interventions. Local outrage in this case has translated into legal action and heightened scrutiny of ICE and DHS methods. Courts will likely be asked to balance enforcement interests against statutory and consent-decree protections and the needs of families and communities affected by such arrests.
Comparison & Data
| Item | Detail |
|---|---|
| Age | 38 |
| Claimed entry | March 2023 (without inspection) |
| Work permit valid | Through Nov. 12, 2029 |
| Scheduled hearing | Nov. 13 (Judge Jeremy C. Daniel) |
| Current detention location | ICE facility, Clark County, Indiana |
The table above summarizes the discrete facts contained in court filings and counsel statements. These data points frame the immediate legal questions — identity and manner of entry, the existence and duration of employment authorization, and the timing and venue for judicial review.
Reactions & Quotes
“Diana Santillana Galeano remains in ICE custody and has been moved to the ICE facility in Clark County, Indiana.”
Charlie Wysong, Attorney for Santillana Galeano
“She was abducted in front of her students,”
Local official (reported statement)
“DHS said she fled into the day care after an attempted traffic stop and misrepresented her identity,”
Department of Homeland Security (statement reported to press)
Unconfirmed
- Media reports have noted a DHS claim that Santillana Galeano recently paid to have her teenage children smuggled across the border; this allegation does not appear in the court filings cited in the habeas petition and remains unverified in court records.
- The precise presence or absence of a warrant at the moment of arrest is contested in filings and has not been adjudicated; the government’s account and the defense’s account differ on this point.
Bottom Line
The temporary order to halt removal and restrict transfers is a time-limited judicial intervention that allows the court to resolve competing factual and legal claims about Santillana Galeano’s detention. Her possession of an employment authorization document through Nov. 12, 2029, and the habeas petition seeking a bond hearing are central to the immediate legal fight.
The Nov. 13 hearing will be consequential: it will determine whether she receives a bond hearing, the continued legality of the detention, and whether procedural protections were respected during the arrest. Beyond this case, the episode underscores ongoing tensions between immigration enforcement practices and community institutions such as schools and day cares, and it may prompt additional scrutiny of how and where enforcement actions are carried out.