Chicago Mayor Brandon Johnson has signed an executive order, titled "ICE On Notice," directing the city's police department to investigate and document alleged misconduct by federal immigration officers. The order outlines a framework for the city to pursue potential prosecution of these agents for alleged violations of local laws.
Mayor Johnson stated that this action positions Chicago as the first city to seek legal accountability for alleged misconduct by federal immigration agents.
Key Directives of the "ICE On Notice" Order
The executive order mandates the Chicago Police Department (CPD) to take specific actions if officers observe or receive reports of alleged illegal activity or misconduct by federal immigration agents. These directives include:
- Documenting federal enforcement actions and alleged illegal activity.
- Preserving body-camera footage related to such incidents.
- Attempting to identify and verify the name and badge number of any federal supervisory officer present at the scene.
- Completing an incident report on alleged misconduct.
- Immediately summoning emergency medical services for any injured persons.
Additionally, CPD supervisors are instructed to preserve evidence of incidents involving alleged illegal misconduct by federal immigration agents and to refer felony matters to the Cook County State’s Attorney's Office for potential prosecution.
Context and Justification for the Order
Mayor Johnson attributed the order to concerns that federal immigration agents operate without local or civilian oversight, and that their actions could violate constitutionally protected rights and destabilize communities. The mayor's action occurs amid reports of a planned federal immigration surge in the Chicago area later this spring.
This executive order follows a trend of increasing tensions between the federal government and leaders in some U.S. cities regarding immigration enforcement efforts. Related actions include the formation of a coalition by nine local district attorneys aimed at assisting in prosecuting federal law enforcement officers who may violate state laws, and proposed legislation in New York seeking to restrict cooperation agreements between local police and U.S. Immigration and Customs Enforcement (ICE).
Cited IncidentsMayor Johnson cited several incidents as justification for the order:
- The fatal shootings of Alex Pretti and Renee Good by federal agents in Minnesota earlier this year during separate enforcement operations.
- A September incident in a Chicago suburb where an ICE officer fatally shot Silverio Villegas-Gonzalez, an undocumented immigrant. Authorities stated that Villegas-Gonzalez resisted arrest and dragged an ICE officer.
- An October incident in Chicago involving Marimar Martinez, a U.S. citizen, who was shot five times by a U.S. Customs and Border Protection agent following a vehicle collision. Authorities stated agents returned defensive fire. Federal charges against Martinez were subsequently dismissed.
Diverse Reactions to the Executive Order
Reactions to the executive order have varied.
John Catanzara, president of the Fraternal Order of Police Lodge 7, referred to the executive order as “political bluster.”
Tricia McLaughlin, a Department of Homeland Security (DHS) spokesperson, denied claims of criminal misconduct by ICE. McLaughlin stated that DHS personnel receive regular training and adhere to high professional standards. DHS also reiterated its position that some local officials have been unwilling to cooperate with federal immigration enforcement, referencing sanctuary city policies.
Tom Homan, an official involved in border affairs, acknowledged that immigration enforcement efforts in Minnesota required adjustments and mentioned a drawdown plan focusing operations on undocumented immigrants with criminal records.
Implementation Timeline
Mayor Johnson indicated that the Chicago Police Department is directed to issue guidance and procedures for implementing the executive order within 30 days.