In the wake of pressure from officials as well as legal and advocacy groups, Chief Judge Timothy Evans has enacted a general order prohibiting warrantless arrests by immigration agents in or around county courthouses.

Earlier this month, Cook County Public Defender Sharone Mitchell Jr. and a coalition of legal groups and social service organizations petitioned the chief judge to take steps to prevent immigration arrests around the courthouses. The presence of agents around court buildings — including the domestic violence-focused courthouse — has been a cause for alarm for lawyers and community members who feared that people would increasingly not be able to access justice and due process in Cook County.

Court facilities have historically been spared when it comes to immigration enforcement in order to create conditions in which defendants and witnesses are likely to show up for appearances.

Though officials acknowledged that it may be hard to enforce the order, especially for arrests that happen outside the courthouse walls, they argued that it would establish rules and offer guidance to county workers.

The order, which goes into effect Wednesday, says that any person attending court as a witness, potential witness or party to the proceedings shall not be subject to civil arrest absent a judicial warrant while in a courthouse or its environs. The order defines “environs” as public entryways, sidewalks, driveways and parking lots.

The order cites as its legal authority common law privilege that protects people’s right to “fulfill legal duties without risking further legal jeopardy.”

“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. This is a necessary and overdue action to ensure that the people of Cook County can access the courts without fear,” said said Alexa Van Brunt, director of the Illinois office at the MacArthur Justice Center.

Department of Homeland Security officials did not immediately respond to a request for comment, but they previously told the Tribune arrests near courthouses are “common sense” and conserve law enforcement resources.

Cook County Board President Toni Preckwinkle commended Evans’ order in a statement.

“This policy affirms our commitment to protecting the rights of all Cook County residents and ensuring equal access to justice,” she said. “This policy also comes at a critical time when ICE enforcement has become increasingly violent, inhumane and unlawful.”

The Trump administration’s Operation Midway Blitz, which began in September, has resulted in beefed-up immigration enforcement in the city and suburbs, with arrests near schools, workplaces and even Millennium Park, as well as in and around courthouses. Chaotic and sometimes violent clashes between agents and protesters or community members have regularly ensued.

During a press conference earlier this month, advocates and attorneys described the impact of increased immigration enforcement around the courts, telling of clients who are forced to make difficult decisions about whether to pursue charges in a criminal case, seek orders of protection, appear for court dates and participate in civil issues such as housing and eviction matters.

“We cannot solve or reduce crime if the families fear the very systems meant to ensure their safety,” said Carla Gutierrez, vice president of programs at Mujeres Latinas en Acción. “This climate erodes trust and isolates survivors and creates more barriers to healing and justice.”

The petition listed sightings of federal immigration agents in or near courthouses, including the Daley Center, the Leighton Criminal Court Building, the Domestic Violence Courthouse, and the branch courts at 111th Street.

The groups also raised concerns about ICE agents wearing masks and refusing to identify themselves when in or around county buildings. In one instance last month, an individual called 911 when they saw an agent — in plainclothes without any identifiers — outside of the domestic violence courthouse with an “assault-style rifle.”

The issue of warrantless arrests by immigration agents has been a matter of wider concern. A federal judge last week found that agents in Chicago have repeatedly violated a 2022 settlement agreement against such arrests without probable cause.

The judge extended a nationwide consent decree requiring U.S. Immigration and Customs Enforcement to better document and report probable cause for immigration arrests.

https://www.chicagotribune.com/2025/10/15/judge-courthouse-order-ice-arrests/