Department spokesman Anthony Guglielimi said Friday that the men are in custody and have been arrested based on probable cause that they may have been involved in a crime. But he says they have not been charged in the Jan. 29 attack.
Police have identified the men only as two Nigerian brothers. Police have been questioning them since they were picked up by officers at Chicago's O'Hare International Airport on Wednesday after returning to the city from Nigeria. On Thursday, police served a search warrant at their home.
Guglielmi says at least one of the men worked on "Empire," but he does not know in what capacity.
Smollett told ABC News in an interview that aired Thursday that the men are the ones who hurled racial and homophobic slurs at him, beat him and looped a rope around his neck.