Cook County State’s Attorney’s Office Pushes Back on Mayor Johnson’s Executive Order Targeting Federal Immigration Officers
CHICAGO (WLS) — Mayor Brandon Johnson’s recent executive order directing police to gather evidence and investigate federal immigration officers for alleged crimes is facing renewed criticism. This time, the pressure comes from the Cook County State’s Attorney Eileen O’Neill Burke’s Office.
ABC7 Chicago has obtained a copy of a memo that outlines serious concerns regarding the mayor’s directive. Since its signing last Saturday, the executive order has come under significant scrutiny.
The Cook County State’s Attorney’s Office has just completed a thorough and highly critical legal review that suggests the mayor’s order, in its current form, could be unenforceable.
Mayor Johnson’s Plan and the Legal Concerns
Last weekend, Mayor Johnson joined political allies and supporters to announce his plans to hold federal agents accountable if they violate the law during immigration enforcement operations, including last fall’s “Operation Midway Blitz” or any future actions.
The executive order mandates that police preserve evidence of criminal behavior by federal agents and, at the direction of the mayor’s office, refer such cases to the Cook County State’s Attorney’s Office for prosecution.
However, according to the memo sent to the mayor’s office on Friday afternoon, the State’s Attorney’s Office argues that “inserting the Mayor’s office into the already well-established process for felony review of charges is not only wholly inappropriate, but it also jeopardizes our ability to effectively prosecute and secure convictions when federal law enforcement agents have committed a crime.”
Ron Safer, a former federal prosecutor, stated, “It is not the job of the executive branch, and elected officials in particular, to be telling the prosecutor which cases to prosecute, which cases not to prosecute.”
Mayor’s Office Responds to Criticism
Mayor Johnson has emphasized that his executive order is designed to ensure accountability. He said, “One thing that I’m not gonna do is interfere with justice; I’m just gonna make sure that justice is served.”
Regarding the legal review, Johnson stated, “When that probable cause has been established, we will make sure that it gets to the state’s attorney for full prosecution.”
State’s Attorney’s Office Warns of Political Interference Risks
The legal review warns that involvement from the mayor’s office could complicate prosecutions. Defense attorneys might argue that any prosecution of a federal immigration agent is politically motivated, suggesting the investigations were “directed” by the Mayor’s Office.
Safer added, “I think it is critically important to keep political concerns out of criminal prosecution at every level of government; our system depends on the impartiality of the prosecutor.”
Possibility of Reworking the Executive Order
When asked whether the executive order could be revised to better support police and prosecutors investigating potential criminal activity, including two recent shootings in Cook County, Safer responded, “I think it could be redrafted. I will tell you that my view is it’s a bad idea.”
State’s Attorney’s Office Statement
In a statement, the State’s Attorney’s Office affirmed its commitment to fully supporting and reviewing law enforcement investigations involving federal agents under the law. However, it cautioned that the mayor’s executive order introduces significant hurdles to this process.
The Mayor’s Office did not immediately respond to requests for comment regarding the memo.