A federal judge has temporarily barred the Trump administration from removing Chicago day care worker Diana Patricia Santillana Galeano from the United States and transferring her to any federal jurisdiction outside of Illinois, Indiana and Wisconsin, court documents show.
Santillana Galeano, 38, was detained at a day care center in Chicago earlier this week in a turbulent incident that sparked outrage.
Local officials said she was dragged out of Rayito de Sol’s Spanish-language immersion day care on Wednesday morning with one saying she was “abducted in front of her students.” The Department of Homeland Security maintained that she fled into the day care after an attempted traffic stop and lied about her identity.
District court Judge Jeremy C. Daniel has scheduled a hearing in her case on Nov. 13. Her lawyers are seeking to have her released on bond under a habeas corpus petition.
Santillana Galeano is currently detained at an ICE facility in Clark County, Indiana, her attorney, Charlie Wysong, said in a statement.
“Diana Santillana Galeano remains in ICE custody and has been moved to the ICE facility in Clark County, Indiana. She was taken by federal agents from her workplace on the North Side of Chicago, Rayito de Sol Daycare Center, on Wednesday morning. Ms. Santillana has a work permit that allows her to work legally in the United States,” Wysong said.
The habeas petition, filed Thursday, on her behalf claims Santillana Galeano entered the U.S. in March 2023 without inspection and was then released by DHS “without bond or conditions.” She was charged with entering the country without inspection, according to the court filing.
Santillana Galeano applied for either asylum or withholding of removal and was granted a work permit that is valid through Nov. 12, 2029, her lawyers said.
Her attorneys are asking Judge Daniel to order the government to grant her a bond hearing. They claim that DHS arrested her without a warrant in violation of a consent decree that requires agents to have one when arresting certain individuals.
The habeas petition also states that Santillana Galeano was at least temporarily held at ICE’s Broadview Processing Facility.
Judge Daniel recently ordered the government to provide a bond hearing for Ruben Torres, the father of a 16-year-old cancer patient, who was also being held at a facility in Clark County, Indiana. Torres was released from detention on Oct. 30.
The court records make no mention of DHS’ claim that Santillana had recently paid to have her teenage children smuggled across the border.
“We anticipate Ms. Santillana will have a hearing in federal court next week, where we will seek a bond hearing to swiftly seek her release from detention. Ms. Santillana belongs at home and with the Rayito de Sol community, where she is a beloved and respected member. Our daycare centers and other schools must be safe places where our children are protected from harm,” Wysong said.
