Crime & Law
Warrantless Immigration Arrests Banned at Cook County Courthouses Under New Order
(WTTW News)
Cook County’s chief judge has signed an order banning federal immigration agents from arresting people around local courthouses without a warrant.
Timothy Evans on Tuesday signed a new general order, which reaffirms the common law privilege against civil arrest while attending court, after county officials complained of arrests by immigration agents being made before, during and after unrelated court hearings.
“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 common
law has long recognized this privilege to ensure individuals can fulfill legal duties without risking further legal jeopardy.”
That order states that no one attending a court proceeding in which they are a party, witness or potential witness, will be subjected to a civil arrest in or around the courthouse, except in cases where there is a judicial warrant or order authorizing that arrest.
The order also bans those civil arrests from being made when an individual is going to, attending or returning from a court proceeding
“Access to justice depends on every individual’s ability to appear in court without fear or
Obstruction,” Evans said in a statement. “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.”
County officials said last month that plain-clothes federal agents in unmarked vehicles have refused to provide identification or even warrants in some instances as they carry out their immigration operations.
That includes arrests and interactions at multiple county courthouses in July and September.
Cook County Public Defender Sharone Mitchell said previously that federal agents have refused to say what agency they work for and rarely present a valid warrant when they make their arrests at those sites and take people away in unmarked vehicles.
“We are gratified that the Chief Judge has exercised his authority to protect our communities, which have been under constant attack by ICE and other federal agents,” Alexa Van Brunt, director of MacArthur Justice Center’s Chicago Office, said in a statement. “This is a necessary and overdue action to ensure that the people of Cook County can access the courts without fear.”
