On Tuesday, a federal appeals court in Chicago will hear arguments on whether or not hundreds of immigrants detained by ICE should be released on bond.

This comes after the court pumped the brakes on a lower court's decision, which said those people should be released pending their immigration proceedings.

Before Thanksgiving, a judge ruled that federal agents violated a consent decree by arresting hundreds of immigrants without proper cause or warrant. This was why U.S. Judge Jeffrey I. Cummings at the time ordered them to be released on bond, but no one was released.

The case has risen to a higher court. The list of hundreds of people identified as having been arrested without a warrant or probable cause. Their families had hope that they'd be together for Thanksgiving thanks to a federal judge's order.

"None of them, unfortunately, got released that we were thinking were going to be released. The people that were on the list did not get released," said immigration attorney William McLean.

McLean represents several people on that list.

"The government is fighting this with absolutely everything they have," he said.

Attorneys for the U.S. Department of Homeland Security said the original ruling was an "unlawful intrusion into immigration enforcement operations," calling it "the tip of the iceberg."

Immigrant advocates argued in response, "The consent decree governing this case, and the district court's orders enforcing it, do not 'gravely intrude,'" citing flagrant violations of that mutually entered into 2022 consent decree.

While the case has been on pause, people on that list are still being deported.

"It's not an administrative stay to block the judge to block the immigration judge from entering an order of removal," McLean said.

Three justices will hear this case — and the majority opinion will rule. 

"Then the issue becomes the stay," said CBS News Chicago Legal Analyst Irv Miller. "Whether or not you know the 600 or so people that are in custody will be released right away, or the stay will be continued, which means they have to stay in custody until the three judges make up their minds and make a decision." 

There's no expectation that the judges will come to a final decision on Tuesday, but they will likely decide whether or not the people on that list will have to stay in custody until they rule on the case overall.

That hearing is scheduled for 1 p.m. Tuesday.