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A Chicago judge signed an order Wednesday prohibiting Immigration and Customs Enforcement (ICE) from making arrests at Cook County courthouses, citing concerns about “fear or obstruction” while suspected illegal immigrants attend court proceedings.
Local officials in the Midwest sanctuary city, which the Trump administration has targeted in its federal immigration crackdown, claimed people were avoiding court because they were afraid of being detained.
The order bans immigration authorities from making civil arrests of any “party, witness, or potential witness” during court appearances.
ICE agents, along with other federal law enforcement agencies, attend a pre-enforcement meeting in Chicago. ( Christopher Dilts/Bloomberg via Getty Images)
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Cook County Circuit Chief Judge Timothy Evans reportedly said justice “depends on every individual’s ability to appear in court without fear or obstruction” in his decision.
The Trump administration in June launched an initiative to arrest illegal immigrants after asylum hearings.
The tactic stirred controversy, with critics claiming migrants seeking legal citizenship would be less likely to show up to hearings, and those arrested after hearings may not have additional criminal histories.
ICE agents walk down a street during a multi-agency targeted enforcement operation in Chicago. (Christopher Dilts/Bloomberg via Getty Images)
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Videos of the arrests went viral on social media, with some accusing ICE of “kidnapping” migrants.
In September, the ACLU and immigrant rights groups filed a lawsuit in New York City regarding the practice, though a federal judge ultimately ruled there was not enough evidence to suggest ICE’s courthouse arrest policy changes were “unexplained, arbitrary and capricious” after 2021 guidance allowed arrests at or near immigration courts.
The Department of Homeland Security is criticizing Illinois Democratic Gov. J.B. Pritzker, right, for not being proactive in responding to a chaotic anti-ICE protest in Broadview, Ill. (Anna Moneymaker/Getty Images and Jon Stegenga via Storyful)
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“Every day, our members are forced to choose between being kidnapped and/or put into expedited removal or risking deeper legal consequences because they’re too scared to go to court,” Diana Konaté, deputy executive director of Policy and Advocacy at African Communities Together, wrote in a statement published by the ACLU related to the New York City case.
“This is exactly what the administration intended—for people to be so fearful of enforcement that they forfeit the very resources and systems in place to protect them,” Konaté added.
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Some judges have fought back against the policy, allegedly aiding migrants’ escape after hearings.
The Associated Press contributed to this report.