US EditionNew protocol in place to prosecute ICE agents who break the law in Cook County
Cook County's protocol guides prosecutors on handling cases against federal immigration agents, addressing legal immunity and evidence challenges amid increased enforcement scrutiny.
- On Thursday, Cook County State's Attorney Eileen O'Neill Burke's office released a protocol outlining steps for filing charges against federal immigration agents amid uproar over their conduct in the Chicago area.
- Amid pressure from advocacy groups, the protocol follows Mayor Brandon Johnson's executive order last month directing police to document evidence against federal immigration agents.
- The protocol specifies that law enforcement agencies lead investigations by preserving evidence including body-camera footage, while prosecutors conduct independent reviews and may impanel grand juries, addressing federal immunity under the Supremacy Clause and recommending Touhy requests for federal-held evidence.
- Officials warn that prosecutors face roadblocks obtaining evidence from federal agencies, and to date no federal immigration agents have been charged while on duty; Illinois Attorney General Kwame Raoul supports the protocol and lawful accountability tools.
- Developed with statewide prosecutors, the protocol guides rare prosecutions of on-duty federal agents but acknowledges limits, amid more than 4,200 arrests by DHS and ICE.
12 Articles
12 Articles
Cook County State's Attorney's Office releases guidelines for cases involving fed immigration agents
Whether it's the Minneapolis fatal shootings of Renee Good and Alex Pretti, or the Chicago shooting of Marimar Martinez, so far, no federal immigration agents have been charged with a crime while on-duty.
Cook County top prosecutor circulates policy outlining process for charging federal immigration agents
The Cook County state's attorney's office on Thursday released a protocol outlining the steps for filing charges against federal immigration agents, marking the first official policy from the office on the topic amid uproar over agents' conduct in the Chicago area and a public feud between the mayor and State's Attorney Eileen O'Neill Burke.
Cook County State’s Attorney rolls out ICE prosecution plan, but her own protocol reveals how hard that will be – CWB Chicago
Chief among the county’s hurdles would be the Supremacy Clause of the U.S. Constitution. According to the protocol, before Cook County prosecutors could charge a federal officer, they would first have to overcome a claim of Supremacy Clause immunity — a high bar that requires the state to prove the officer was not performing an act authorized by federal law, or that the officer did more than what was “necessary and proper.”
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