An Illinois state prosecutor on Thursday revealed a new protocol laying out how her office plans to charge federal immigration officers for crimes related to their enforcement actions in the Chicago area.
Cook County State’s Attorney Eileen O’Neill Burke unveiled the guidelines in response to escalating calls to hold Immigration and Customs Enforcement (ICE) and Border Patrol agents accountable when they run afoul of the Constitution while apprehending illegal immigrants, according to the Chicago Tribune.
This proposal comes after Burke and Chicago Mayor Brandon Johnson clashed over who should spearhead the effort to target immigration enforcement officers.
The policy document provides a legal analysis of the rare and complex scenario that would involve an on-duty federal agent being charged by a state prosecutor and is meant to guide law enforcement investigating potential offenses and line prosecutors reviewing the cases.
“No one is above the law — including both ICE agents and prosecutors,” Burke said in a news release announcing the policy. “If a federal law enforcement agent commits a crime, my office will not hesitate to act, in accordance with state law. This protocol establishes clear, legally sound guidelines to ensure we have a responsible and effective path to pursue accountability.”
The document, though, notes that prosecutors must consider federal immunity — which is not absolute but offers some protection for agents — among other factors.
The U.S. Supreme Court established decades ago that, in general, a federal officer cannot be held on a state criminal charge where the alleged crime arose during the performance of their federal duties, though charges can be brought if the officer’s actions were so egregious they could not have reasonably believed it was in accordance with their official duties.
During a December interview, Burke characterized the conduct of federal agents in Chicago as “thuggish” and alleged that they used unjust violence against civilians. “We have all seen people being tossed aside like they're potato sacks, tear gases being deployed on children as they are going to Halloween parties,” she said. “It is absolutely abhorrent for anybody who believes in a constitutional government and I will tell you we worked very hard to increase our community’s belief in support of law enforcement.”
ICYMI: I was asked about my thoughts on ICE activity in the Chicago area during a recent Cook County Commission budget hearing.
— State’s Attorney Eileen O’Neill Burke (@saeileenburke) December 11, 2025
Here’s where I stand: pic.twitter.com/RngXKp97IP
Burke’s “Federal Immigration Enforcement Action Response Protocol” applies to any incident involving a death, shooting, or other use of force linked to federal immigration enforcement in Cook County. It instructs local law enforcement on how to preserve bodycam footage, gather witness accounts, and identify the agents involved.
The protocol would also instruct prosecutors to conduct a full investigation of the evidence before deciding whether to press felony charges against federal agents, according to The Daily Herald.
Burke explained that she developed the protocol with input from the Illinois attorney general’s office and the Illinois State’s Attorneys Association to make sure “no one is above the law.”
The policy acknowledges the difficulty in prosecuting federal agents. The protocol requires prosecutors to consider whether an agent could claim immunity under the U.S. Constitution’s Supremacy Clause, which typically protects federal officers from state charges for actions taken while performing their duties.
The proposal further notes that Cook County can prosecute an agent if their conduct fell so far outside of their allotted authority that it cannot reasonably be viewed as part of their official duties. This high bar has often made it nearly impossible to hold a federal officer accountable if they abuse their authority.
The new guidance is a response to an increase in immigration enforcement in the Chicago area. The Department of Homeland Security (DHS) launched Operation Midway Blitz, a 30-day immigration enforcement surge in Chicago and its suburbs. There have been several violent altercations between federal agents and civilians in the area, including a deadly shooting in Franklin Park.
Editor’s Note: Thanks to President Trump, illegal immigration into our great country has virtually stopped. Despite the radical left's lies, new legislation wasn't needed to secure our border, just a new president.
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