Chicago's Top Prosecutor Slams Mayor Johnson's Immigration Executive Order, Citing Potential Prosecution Jeopardy
Cook County State's Attorney Eileen O'Neill Burke has deemed Mayor Brandon Johnson's executive order targeting federal immigration agents "wholly inappropriate" and warned that it could compromise the office's ability to effectively prosecute and secure convictions.
According to an internal memo from chief assistant state's attorney Yvette Loizon, the order requiring Chicago Police Department supervisors to make felony referrals to the state's attorney's office at the mayor's direction poses significant concerns about prosecution integrity.
Loizon claimed that defense attorneys would likely characterize any prosecution of federal immigration agents as "political," attempting to discredit CPD witnesses and undermine the investigation's legitimacy. Additionally, mayoral staff who issued directives for case referrals could be called as witnesses, creating serious litigation issues that jeopardize conviction and justice.
O'Neill Burke emphasized her office's obligation to follow the law while expressing deep concern about recent immigration enforcement actions. She acknowledged that prosecutors' hands are tied by federal and state laws when it comes to charging on-duty federal agents except in narrow circumstances.
In a bid to address O'Neill Burke's concerns, Mayor Johnson plans to use a 30-day rule-making period to revisit the executive order. Meanwhile, his office has drafted a protocol for handling cases involving federal agents, which will be shared with law enforcement agencies and other stakeholders for review.
However, the tensions between the mayor's office and the Cook County State's Attorney's Office remain, with O'Neill Burke stating that her office will not conduct felony reviews on cases referred at the direction of the mayor's office due to concerns about compromising prosecution integrity.
Cook County State's Attorney Eileen O'Neill Burke has deemed Mayor Brandon Johnson's executive order targeting federal immigration agents "wholly inappropriate" and warned that it could compromise the office's ability to effectively prosecute and secure convictions.
According to an internal memo from chief assistant state's attorney Yvette Loizon, the order requiring Chicago Police Department supervisors to make felony referrals to the state's attorney's office at the mayor's direction poses significant concerns about prosecution integrity.
Loizon claimed that defense attorneys would likely characterize any prosecution of federal immigration agents as "political," attempting to discredit CPD witnesses and undermine the investigation's legitimacy. Additionally, mayoral staff who issued directives for case referrals could be called as witnesses, creating serious litigation issues that jeopardize conviction and justice.
O'Neill Burke emphasized her office's obligation to follow the law while expressing deep concern about recent immigration enforcement actions. She acknowledged that prosecutors' hands are tied by federal and state laws when it comes to charging on-duty federal agents except in narrow circumstances.
In a bid to address O'Neill Burke's concerns, Mayor Johnson plans to use a 30-day rule-making period to revisit the executive order. Meanwhile, his office has drafted a protocol for handling cases involving federal agents, which will be shared with law enforcement agencies and other stakeholders for review.
However, the tensions between the mayor's office and the Cook County State's Attorney's Office remain, with O'Neill Burke stating that her office will not conduct felony reviews on cases referred at the direction of the mayor's office due to concerns about compromising prosecution integrity.