Pritzker commission investigating Operation Midway Blitz 'lays the foundation for real accountability'

Federal immigration agents acted illegally and with impunity to carry out President Donald Trump's aggressive deportation campaign in Chicago — and they did so with steadfast support from the president and his administration, a state accountability panel found.

After spending six months gathering testimony, video footage and legal records, the Illinois Accountability Commission put out its final report Thursday examining Operation Midway Blitz and the alleged abuse carried out by federal agents in and around the city last fall.

Gov. JB Pritzker assembled the commission in October to investigate federal agents' conduct during Operation Midway Blitz. At a news conference Thursday, Pritzker said he assembled the panel of legal experts to conduct a thorough investigation when he realized the Trump administration wasn't going to hold agents accountable.

"These hearings and investigations demonstrated that Operation Midway Blitz was not an unfortunate collection of errors in judgment or limited abuses of power by individual bad actors," Pritzker said. "It was a carefully orchestrated, coordinated effort that started with Donald Trump and was executed by Stephen Miller, Kristi Noem, Tom Homan, Greg Bovino and others."

Earlier this week, the commission conducted hearings and brought in witnesses and victims to speak about several of the major flash points during Operation Midway Blitz. That included the confrontations between residents and federal agents in Little Village, Lake View, Old Irving Park, East Side and Evanston.

The report also names specific federal agents the commission alleges broke the law. One of those agents is Charles Exum, the Border Patrol agent who shot Marimar Martinez five times after a car with three CBP agents collided with her vehicle on Oct. 4 in Brighton Park. Martinez and her attorney Christopher Parente testified before the commission on Tuesday about the shooting and its aftermath.

Other agents seen in several videos aren't named because the commission lacked the power to investigate all the agents involved, said Judge Rubén Castillo, the commission's chair.

That's why the report includes a letter referring charges to Cook County State's Attorney Eileen O’Neill Burke, the Chicago Police Department, the Kane County state's attorney, and the Elgin, Franklin Park and Evanston police departments.

"It is very clear to me," Castillo said at Thursday's news conference, "that the U.S. Justice Department will not be doing any investigating of these agents who committed these atrocities. So what is left? What is left is our local prosecutors, and in particular, our Cook County State's Attorney, and she will be referred this report. She has said that she hasn't been referred anything. Well, today she's going to be referred something, and it should be investigated."

And if Burke "doesn't want to investigate," Castillo said, she should "step aside and let a special prosecutor come in and do what needs to be done."

Castillo, a former U.S. district chief judge, is among a coalition calling for a special prosecutor to investigate federal agents.

The commission lacked both subpoena and prosecutorial power. It's now up to local law enforcement to carry on the commission's investigation, Pritzker said.

"The commission has done much of what is in its power to do, to lay the foundation for real accountability," he said. "It has gathered the evidence. It has heard from innocent victims. It has identified the culprits. But it will take the courage and conviction of all of us at every level of government to continue pressing forward, to ensure that these findings are met with action."

In response, Burke issued a statement Thursday maintaining that she can't bring charges until she has received a completed investigation from a law enforcement agency.

"We commend the bravery of every witness who testified about their harrowing experiences before the Illinois Accountability Commission," Burke said in the statement. "There is no doubt that Operation Midway Blitz has traumatized and harmed our communities. We look forward to receipt of the full report and will work with our local, state, and county law enforcement to review the material."

The final report includes several other recommendations for local, state and federal authorities, such as:

• The Department of Homeland Security "must [rein] in agents’ use of chemical agents, physical force and vehicular pursuits." The department should also ensure all agents wear and use body worn cameras and prohibit agents from covering their faces and hiding their identity while on the job.
  
• Congress "must amend the Immigration and Nationality Act to end warrantless arrests for civil enforcement matters and prohibit discriminatory stops that rely on race, ethnicity, workplace, accent or language."
  
• The state of Illinois should work with local governments and nonprofits to "alleviate the economic damage caused by Operation Midway Blitz, expand access to legal services and family preparedness planning support, and prevent further disruption to civic life by immigration enforcement activities."