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By Mandy Taheri
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Cook County State’s Attorney Eileen O’Neill Burke’s office on Thursday issued guidance outlining how prosecutors may pursue charges against federal immigration agents in cases involving a death, shooting or other violent use of force tied to immigration enforcement.
Newsweek reached out to O'Neill Burke's office for comment via email on Thursday.
Why It Matters
The guidance comes as scrutiny has grown over how local prosecutors respond to allegations of excessive force by federal immigration agents. Some elected officials have criticized O’Neill Burke in recent weeks, saying she has not acted as aggressively as prosecutors in Minnesota after shootings involving federal agents.
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What To Know
Last year, the president authorized the deployment of hundreds of National Guard troops to Chicago, a city that has been in the spotlight since the administration ramped up immigration enforcement efforts there as part of Operation Midway Blitz, which started in September.
The Department of Homeland Security (DHS) told Reuters that Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection officers had arrested more than 4,200 people in the Chicago area under the campaign as of November 19. The operation resulted in thousands of arrests across Illinois and surrounding states such as Indiana, with ICE and allied federal agencies detaining immigrants in residential neighborhoods, near schools and at workplaces.
Critics and civil rights groups filed lawsuits alleging widespread warrantless arrests, excessive force and violations of constitutional protections, including entering homes with flashbangs, restraining residents, including children, and detaining U.S. citizens, which a federal judge found violated a standing consent decree governing arrests in the Chicago area.
No federal immigration agents have been charged with committing a crime while on duty since Trump's big immigration enforcement push, including in Minneapolis, where officials are investigating the fatal shootings of Renee Nicole Good and Alex Pretti but have not filed charges, the Chicago Sun-Times reported. There are investigations but no formal charges.
“No one is above the law—including both ICE agents and prosecutors,” O’Neill Burke said in a statement. “If a federal law enforcement agent commits a crime, my office will not hesitate to act, in accordance with state law. This protocol establishes clear, legally sound guidelines to ensure we have a responsible and effective path to pursue accountability."
The protocol, developed in collaboration with Illinois Attorney General Kwame Raoul and the Illinois State’s Attorneys Association, is intended to clarify how law enforcement and prosecutors will handle investigations and potential charges involving federal immigration agents accused of crimes, including shootings and other violence, the Chicago Sun-Times reported.
The protocol recommends law enforcement agencies to lead criminal investigations by collecting and preserving evidence. If the agencies need support, the state's attorney's office is recommended to assist and potentially impanel a grand jury. The state can also request production of evidence or testimony that is in the possession of a federal agency.
The document also notes that prosecutors must consider federal immunity for agents, the Chicago Tribune reported. The issue of charging federal agents can create jurisdictional and legal tension, as bringing state charges stemming from actions by federal officers operating within the state can be difficult to navigate.
What People Are Saying
Illinois Attorney General Kwame Raoul, in a statement Thursday: “Law enforcement officers are entrusted with extraordinary authority to serve the public and keep our communities safe. When that authority is abused or escalates into unlawful violence, prosecutors must take action if the burden of proof can be met.
“I am proud to stand with State’s Attorney Burke and fellow prosecutors committed to using every lawful tool available to hold this administration accountable consistent with this protocol.”
Chicago Mayor Brandon Johnson, in a statement responding to the protocol: “The State’s Attorney’s Protocol establishes the prosecutorial process that follows those referrals, ensuring cases are evaluated under the same legal standards that apply to anyone else. Together, they reinforce a simple principle: federal agents operating in Chicago remain subject to the law, and when serious incidents occur, there must be a clear, coordinated path to accountability."
DHS Assistant Secretary Tricia McLaughlin told Newsweek in January: "These claims of criminal misconduct by ICE law enforcement are FALSE. Under President Trump and Secretary Noem, ICE is held to the highest professional standard and officers regularly receive ongoing training. As our brave law enforcement arrests and removes dangerous criminal illegal aliens, including murderers, rapists, and gang members from our communities, America can be proud of the professionalism our officers bring the job day-in and day-out."
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