Chicago law firm leading push to appoint special prosecutor to target ICE, Border Patrol agents

A high-powered Chicago law firm that fought Operation Midway Blitz in federal court announced a plan Monday to push for the appointment of a special prosecutor to investigate and potentially charge the law enforcement officials who carried out the aggressive deportation campaign in the Chicago area.

The firm, Loevy and Loevy, said 200 individuals and organizations are supporting a petition to install an outsider in the office of Cook County State’s Attorney Eileen O’Neill Burke, who has spent weeks saying her staff can only go so far to target the feds.

The coalition plans to hold a news conference Thursday afternoon at Federal Plaza downtown, Loevy and Loevy said in a statement.

O’Neill Burke rebuked the call for a special prosecutor, slamming any petition as “frivolous [and] contrary to centuries of legal precedent and court rulings.”

“The reported plan to petition for a special prosecutor will make it more difficult for the Cook County State’s Attorney’s Office to prosecute and win convictions against [Immigration and Customs Enforcement] agents who break the law and secure justice for victims harmed by their conduct,” O’Neill Burke wrote in a statement.

“The stakes are too high for us to get this wrong, and I will strenuously oppose this petition.”

In its statement, Loevy and Loevy highlighted the extreme force used by federal immigration officials during the monthslong deportation campaign, referring to the on-duty actions as “crimes.” They cited widespread tear-gassing, attacks against “peaceful civilians” and shootings that wounded Marimar Martinez and killed Silverio Villegas González.

“Yet there has been no federal or state investigation or prosecution of any [of] the individuals who perpetrated these offenses,” the firm said. “An independent, special prosecutor is essential to ensure that there is accountability in Cook County.”

The demands for O'Neill Burke’s office to target federal agents are nothing new. In fact, another lawyer already filed a lawsuit earlier this year seeking to install a special prosecutor to handle such cases in county court.

O'Neill Burke has maintained that her office is limited in its ability to prosecute and secure convictions against on-duty federal agents. Still, she released guidance last month showing how she could pursue charges if a case were brought to her office.

That commitment alone apparently didn’t appease the coalition led by Loevy and Loevy, which includes elected officials, community organizations, journalists and other attorneys.

Loevy and Loevy was involved in a case last year in which U.S. District Judge Sara Ellis took the extraordinary step of issuing a preliminary injunction to rein in the feds’ aggressive actions. The injunction was formally vacated last week by the 7th U.S. Circuit Court of Appeals.

Loevy and Loevy noted that sworn statements were submitted and hundreds of hours of video footage was compiled as part of federal court proceedings tied to Midway Blitz, indicating there’s already a pile of evidence waiting for a possible special prosecutor.

O’Neill Burke previously criticized Mayor Brandon Johnson's executive order directing the Chicago Police Department to go after federal agents, calling it "wholly inappropriate" because it instructed officers to make referrals to prosecutors "at the direction of the mayor's office." O'Neill Burke later released her own guidance last month.

Under the guidance, law enforcement agencies would lead criminal investigations by collecting and preserving evidence. Then, prosecutors would conduct an independent review of all evidence and make charging decisions, as they do in all felony cases. Her office said local law enforcement agencies haven't sought charges against any on-duty immigration officials.

O’Neill Burke noted on Monday that cases against the feds would be difficult to pursue, citing protections offered to on-duty agents and “challenges in acquiring evidence from federal law enforcement under this current administration.”

"My office’s goal is not to merely charge, but to successfully prosecute and convict criminal ICE agents,” O’Neill Burke said. “We are obligated to follow the law, evaluate evidence that is presented to us, and make a charging decision based on the facts.”

Veteran attorneys have been skeptical about a judge’s ability to install a special prosecutor to investigate federal agents. Traditionally, special prosecutors are put in place when there is a conflict of interest or allegation of misconduct within the state’s attorney’s office.

The earlier petition for a special prosecutor, filed by attorney Sheryl Weikal, remains pending.