Chief Judge Timothy Evans has enacted a significant administrative directive banning civil arrests, including those conducted by federal immigration officers, within or on the grounds of Cook County courthouses without a judicial warrant.
According to Evans, this order, which takes effect immediately, reaffirms a long-standing “common law privilege” that protects individuals attending court proceedings from civil detention. The order distinctly prohibits the arrests of litigants, witnesses, or potential witnesses while they are on their way to, present at, or departing from court unless authorized by a judicial order.
The chief judge’s office highlighted that this decision is vital to maintain public trust and ensure that all individuals can participate in the judicial process without fear.
“Access to justice relies on everyone’s ability to come to court without fear of hindrances,” he stated in a release on Tuesday evening. “Our courthouses should be safe spaces where all individuals, irrespective of their backgrounds or situations, can engage confidently in the legal process.”
The order specifies “courthouse” as any location where the Circuit Court of Cook County holds court, and “environs” encompasses the surrounding areas, including entranceways, sidewalks, driveways, and parking areas.
Under federal law, Immigration and Customs Enforcement (ICE) performs two types of arrests — civil and criminal — each governed by different legal principles and ramifications.
Civil immigration arrests occur when ICE detains an individual suspected of infringing federal immigration laws, such as overstaying a visa or illegally entering the country. Such actions are administrative, not criminal, based on civil warrants issued by ICE officers rather than by judicial authority, and typically lead to deportation or removal proceedings rather than criminal charges.
In contrast, criminal immigration arrests involve individuals accused of federal crimes, such as re-entering the U.S. after being deported or committing document fraud. These require a judicial warrant and result in criminal prosecution in federal court, affording defendants the same due-process rights as anyone charged with a crime.
Judge Evans’ latest order pertains solely to civil arrests, indicating that ICE and related agencies cannot detain individuals for immigration violations at or near courthouses without judicial approval.
Cook County Board President Toni Preckwinkle commended the decision, arguing that it protects the integrity of the court system from Immigration and Customs Enforcement’s interference. She described the directive as a reaffirmation of Cook County’s commitment to safeguarding the rights of all residents and ensuring equitable access to justice, particularly critical during a time marked by increasingly violent and unjust ICE enforcement actions.
Tim Hecke is CWBChicago’s managing partner. He began his career at KMOX, the iconic news radio station in St. Louis. He later worked at stations in Minneapolis, Chicago, and New York City. Tim developed syndicated radio news and content services catering to America’s largest radio markets and became CWBChicago’s managing partner in 2019.
His email address is tim@cwbchicago.com
