Cook County State’s Attorney Eileen O’Neill Burke criticized Mayor Brandon Johnson’s executive order aimed at restricting federal immigration enforcement, stating on Friday that it is inappropriate and risks undermining criminal prosecutions. O’Neill Burke emphasized that the directive, issued in Chicago, conflicts with the legal obligations of her office.
Internal Memo Warns of Legal and Ethical Risks From Mayoral Involvement
In a memo obtained by the Sun-Times, Yvette Loizon, chief assistant state’s attorney for policy and external affairs, warned the mayor’s office that the order—not only inappropriate—threatens the ability to effectively prosecute crimes committed by federal law enforcement agents. The memo disclosed that the State’s Attorney’s Office would refuse to conduct felony reviews for cases referred under the mayor’s directive due to ethical concerns.
Loizon wrote,
“The injection of the mayor’s office into CPD’s decision to refer a case to CCSAO for felony charges compromises the integrity of the investigation and would similarly compromise the prosecution.”
Balancing Community Concerns With Legal Responsibilities
While O’Neill Burke expressed deep concern over troubling actions by immigration officers nationwide and locally, she maintained her office’s duty to adhere to the law.
“At the same time, our office has an obligation to follow the law,”
she stated in an email addressing her staff.
The executive order mandates that Chicago Police Department supervisors make felony referrals to the State’s Attorney’s Office only with direction from the mayor’s office, a provision that has raised serious questions within legal circles in Cook County.
Potential Litigation Challenges Highlighted by Prosecutor’s Office
The memo also warned that defense lawyers would likely portray any prosecution of federal immigration agents as politically motivated, attempting to discredit Chicago Police Department witnesses by arguing the investigation was directed by the mayor’s office. Mayoral staff providing referral directives might be forced to testify, which could
“create serious litigation issues and jeopardize our ability to secure a conviction and justice for victims of crime,”
Loizon cautioned.
Furthermore, any related documentation or communications generated by the mayor’s office before directing case referrals would become subject to legal discovery, potentially complicating the prosecution’s discovery obligations under state and federal laws.
Background and Context of the ‘ICE on Notice’ Executive Order
Johnson enacted the ‘ICE on Notice’ executive order in response to widespread anger following fatal shootings involving federal immigration agents in Minneapolis. The order instructs Chicago police officers to preserve evidence and document alleged abuses by Immigration and Customs Enforcement (ICE) agents for prosecutorial review.
At a recent news conference, Johnson defended the directive, condemning the
“rogue, reckless behavior of federal agents”
and stating,
“I wish I did not have to use executive authority to provide protection for the residents of the city of Chicago because the president of the United States of America has declared war on our city.”
State’s Attorney’s Review and Ongoing Enforcement Challenges
O’Neill Burke indicated she is reviewing the mayor’s order after Johnson incorrectly claimed that her office supported it. Johnson anticipates using a 30-day rule-making period to address the concerns raised by the State’s Attorney.
The State’s Attorney’s Office is currently prosecuting an ICE agent, Adam Saracco, on a misdemeanor battery charge for allegedly assaulting a protester at a gas station in Brookfield while off-duty. However, O’Neill Burke noted that federal and state laws significantly restrict the ability to charge federal agents for conduct occurring while on duty, except under limited circumstances.
Efforts Toward Collaboration on Public Safety Protocols
The memo from Loizon also mentioned that the State’s Attorney’s Office has prepared a protocol to manage cases involving federal agents. This protocol has been shared with Chicago Police, Illinois State Police, the Cook County Sheriff’s Office, and state’s attorneys across Illinois for feedback.
“We will be sure to share it with the mayor’s office when appropriate so we can meaningfully collaborate in the name of public safety,”
Loizon confirmed.
