CHICAGO — Cook County’s top judge signed an order barring ICE from arresting people at court. Cook County includes Chicago, which has seen a federal immigration crackdown in recent months.
Detaining residents outside courthouses has been a common tactic for federal agents, who have been stationed outside county courthouses for weeks, making arrests and drawing crowds of protesters.
The order, which was signed Tuesday night and took effect Wednesday, bars the civil arrest of any “party, witness, or potential witness” while going to court proceedings. It includes arrests inside courthouses and in parking lots, surrounding sidewalks and entryways.
“The fair administration of justice requires that courts remain open and accessible, and that litigants and witnesses may appear without fear of civil arrest,” the order states.
The U.S. Department of Homeland Security defended the practice of making arrests at courthouses, calling it “common sense.”
“We aren’t some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law,” DHS said in a Wednesday statement. “Nothing in the constitution prohibits arresting a lawbreaker where you find them.”
Immigration advocates decry immigration enforcement outside courthouses
Local immigration and legal advocates, including the county’s public defender’s office, have called for an order like this, saying clients were avoiding court out of fear of being detained. The office has confirmed at least a dozen immigration arrests at or near county courthouses since the end of July, when representatives said they’ve seen U.S. Immigration and Customs Enforcement’s presence outside courthouses increase.
“I have had numerous conversations with clients who are presented with a difficult decision of either missing court and receiving an arrest warrant or coming to court and risk being arrested by ICE,” Cruz Rodriguez, an assistant public defender with the office’s immigration division, said at a news conference earlier this month.
Domestic violence advocacy organizations also signed on to a petition earlier this month calling for Cook County Circuit Chief Judge Timothy Evans to issue the order. This comes after advocates said a woman was was arrested by ICE last month while entering the domestic violence courthouse.
Alexa Van Brunt, director of MacArthur Justice Center’s Illinois office, which filed the petition, said she was “gratified” by Evans’ order.
“This is a necessary and overdue action to ensure that the people of Cook County can access the courts without fear,” she said in a Wednesday statement to the Associated Press.
Evans said justice “depends on every individual’s ability to appear in court without fear or obstruction.”
“Our courthouses remain places where all people — regardless of their background or circumstance — should be able to safely and confidently participate in the judicial process,” Evans said in a statement.
ICE tactics outside courthouses seen across country
The tactic of detaining people at courthouses in the Chicago area is part of a larger jump in courthouse immigration arrests across the country. The flurry of immigration enforcement operations at courthouses has been condemned by judicial officials and legal organizations, and has drawn lawsuits from some states and the adoption of bills seeking to block the practice.
In June, President Donald Trump’s administration sued the state of New York over a 2020 law barring federal immigration agents from making arrests at state, city and other municipal courthouses.
Statehouse Democrats vow to adopt resolutions condemning federal immigration crackdown
Opening the second day of the six-day fall legislative session in Springfield, Ill., House Speaker Emanuel “Chris” Welch decried the federal government’s immigration squeeze and vowed that his majority Democrats would use floor time Wednesday to adopt resolutions condemning the action.
“We won’t sit back and let our democracy be taken from us,” Welch said at the Capitol, surrounded by two dozen of his caucus members
Questioned about the practical impact of resolutions, Welch said there also are discussions about legislation to restrict federal agents’ patrol statewide. He lambasted reports of ICE arrests in medical facilities and applauded Evans’ ruling prohibiting warrantless arrests near courthouses.
“If we can do something similar statewide, I’d love to get that done,” Welch said. “These should be safe spaces.”
Republicans questioned their opponents’ sincerity. Debating a resolution condemning political violence, GOP Rep. Adam Niemerg noted incendiary language from Gov. JB Pritzker — in the spring he called for “street fighters” to oppose the administration — although the governor has not espoused violence. Rep. Nicole La Ha, who said she has received death threats, accused Democrats of trying to stifle opposition.
“This is not a stand against violence,” La Ha said. “It is a tasteless tactic to punish dissent and difference of opinion.”
Illinois governor denounces tear gas use on protesters
Meanwhile, Pritzker suggested federal agents may have violated a ruling by a federal judge last week that said they could not use tear gas, pepper spray and other weapons on journalists and peaceful protesters after a coalition of news outlets and protesters sued over the actions of federal agents during protests outside a Chicago-area ICE facility. Pritzker said he expected the attorneys involved to “go back to court to make sure that is enforced against ICE”
“ICE is causing this mayhem,” he said. “They’re the ones throwing tear gas when people are peacefully protesting.”
The comments also come after Pritzker denounced Border Patrol agents for using tear gas on protesters who gathered Tuesday after a high-speed chase on a residential street on Chicago’s South Side.
A few protesters also gathered Wednesday afternoon outside an ICE facility in the west Chicago suburb of Broadview, where a fence that has been at the center of a recent lawsuit had come down.
A judge ordered ICE to remove the fence after the village of Broadview sued federal authorities for “illegally” erecting an 8-foot-tall fence outside the facility, blocking public streets and creating problems for local emergency services trying to access the area. On Monday, state legislators and Black mayors of nearby suburbs gathered outside the facility to demand the fence be removed and announce an executive order limiting protests in the area to designated zones. Trump has long targeted Black mayors in large Democratic cities, many of whom have voiced solidarity with one another in recent months amid federal interventions in their areas.
Community efforts to oppose ICE have also ramped up in the nation’s third-largest city, where neighborhood groups have assembled to monitor ICE activity and film any incidents involving federal agents in their areas.
On Tuesday, hundreds of people attended “Whistlemania” events across the city and made thousands of “whistle kits” with whistles, “Know Your Rights” flyers and instructions on how to use them to alert neighbors of when immigration enforcement agents are nearby.
An increasing number of GoFundMe pages have also been launched to pay for legal costs for community members detained by ICE, most recently a landscaper and father of three children detained earlier this month.
Fernando writes for the Associated Press. AP writer John O’Connor in Springfield contributed.
