On Jan. 31, Chicago Mayor Brandon Johnson signed the “ICE On Notice” executive order directing members of the Chicago Police Department (CPD) to investigate and document alleged illegal activity by federal immigration agents, including Immigration and Customs Enforcement (ICE) agents, and to refer evidence of felony violations to the Cook County State’s Attorney’s Office for prosecution.
“Nobody is above the law,” says Mayor Johnson in a prepared statement. “There is no such thing as ‘absolute immunity’ in America. The lawlessness of Trump’s militarized immigration agents puts the lives and well-being of every Chicagoan in immediate danger. With today’s order, we are putting ICE on notice in our city. Chicago will not sit idly by while Trump floods federal agents into our communities and terrorizes our residents.”
The executive order creates a framework for public accountability in the event federal agents violate local or state law while operating in Chicago. Mayor Johnson’s order makes Chicago the first city in the nation to leverage local authority to pursue legal accountability for misconduct by federal immigration agents.
In response to federal immigration operations which have violated constitutionally protected rights, destabilized communities, and provoked life-threatening confrontations while remaining insulated from local or civilian oversight, the mayor’s order gives a clear procedure for CPD to follow if they witness or receive reports of federal agents engaged in illegal activity.
As ordered by Mayor Johnson, if CPD personnel observe or receive reports of apparent violations of state or local law by federal agents, they shall:
- Document federal enforcement activities in accordance with CPD policy
- Ensure that any body-camera footage captured during the incident—including footage of any use of force, detentions, injuries, or other enforcement activity—is preserved
- Seek to identify the federal supervisory officer on-scene, attempt to verify the supervisory officer’s name and badge number, and record the credential verification using body cameras—including any refusal to comply
- Complete a report on any violation of state or local law by federal agents consistent with CPD policy
- Immediately summon emergency medical services and render aid to any injured persons on the scene
In the event of illegal misconduct by federal immigration agents, CPD supervisors will preserve evidence of the incident and, at the direction of the Office of the Mayor, make a referral of felony matters to the Cook County State’s Attorney.
CPD will share aggregated data on documented legal violations by federal immigration officers with the pubic.
The order comes amid reports the federal government is planning another immigration surge in Chicago and the surrounding area this spring. Mayor Johnson’s call for prosecution follows the absence of legal repercussions in the wake of the shooting of Marimar Martinez in Chicago, the killing of Silverio Villegas González in Franklin Park, and the slayings of Renee Good and Alex Pretti in Minneapolis.
A nationwide coalition of local leaders and prosecutors have recently coalesced to attempt to hold ICE and Customs and Border Protection (CBP) agents accountable in their own cities.
“I applaud Mayor Johnson’s bold and principled leadership in building the infrastructure to hold ICE and CBP agents accountable for criminal misconduct,” says Philadelphia District Attorney Larry Krasner. “He has stepped forward at a critical moment to defend his residents, protect local authority, and insist that federal power be exercised within the bounds of the law. Philadelphia stands in solidarity with Chicago and with Mayor Johnson as he leads cities nationwide in standing up to federal overreach.”
This week, a federal judge in Minnesota identified 96 court orders that ICE agents have violated since Jan. 1 this year. During their operation in Chicago last fall, immigration agents ignored federal court orders limiting use of force during enforcement, including deployment of tear gas, pepper bullets, and flash bangs.
In consultation with Chicago’s corporation counsel and the Mayor’s Office of Immigrant, Migrant, and Refugee Rights, CPD will issue guidance and establish procedures for implementing the requirements of this executive order within 30 days of Jan. 31.
The signed executive order will be posted on the city clerk’s website.
