Chicago Mayor’s Immigration Order Faces Critical Backlash Today

URGENT UPDATE: Mayor Brandon Johnson’s controversial executive order directing police to investigate federal immigration officers is facing intense scrutiny from the Cook County State’s Attorney’s Office. A memo obtained by ABC7 Chicago, dated Friday, October 20, 2023, outlines serious legal concerns that could render the order unenforceable.

This backlash comes just days after Johnson signed the order on October 14, which aims to hold federal agents accountable for alleged crimes during immigration enforcement actions, including incidents from last year’s “Operation Midway Blitz.” The memo reveals that the mayor’s directive to have police preserve evidence and refer cases for prosecution is not legally sound.

According to the memo, inserting the mayor’s office into the existing process for felony case review is “wholly inappropriate.” It warns that this involvement jeopardizes the ability to prosecute federal agents effectively. Former federal prosecutor Ron Safer emphasized, “It is not the job of the executive branch to direct prosecution decisions.”

Mayor Johnson has framed the executive order as a crucial step towards accountability. “One thing that I’m not gonna do is interfere with justice; I’m just gonna make sure that justice is served,” he stated after signing the order. However, the state’s attorney’s office has raised significant concerns, arguing that the mayor’s involvement could politicize prosecutions against federal agents, undermining their impartiality.

The memo indicates that defense attorneys could leverage the mayor’s political influence to challenge any prosecution of federal immigration agents, potentially labeling it as politically motivated. Safer remarked, “Our system depends on the impartiality of the prosecutor; keeping political concerns out of criminal prosecution is critically important.”

Officials in the state’s attorney’s office are committed to reviewing law enforcement investigations involving federal agents, but they caution that the mayor’s order complicates this process. “The executive order adds significant hurdles to effective law enforcement,” they stated.

As the situation develops, questions arise about the potential for the mayor’s order to be revised to facilitate cooperation between police and prosecutors, especially in light of ongoing criminal activity, including two recent shootings in Cook County. While Safer proposed that the order could be redrafted, he also expressed his belief that the idea itself is flawed.

The public and political allies await the mayor’s response to the critical memo. With legal implications at stake, the urgency of this situation is palpable, as it may impact how federal immigration enforcement operates in Chicago moving forward.

As this story continues to unfold, it remains to be seen how Mayor Johnson will address the significant legal challenges posed by the Cook County State’s Attorney’s review. Stay tuned for updates on this developing story.