Chief judge bars ICE civil arrests at county court facilities

Chief Judge Timothy Evans has issued a sweeping administrative order that prohibits civil arrests, including those carried out by federal immigration agents, inside or on the surrounding property of Cook County courthouses without a judicial warrant.

Evans said the order, effective today, reaffirms a centuries-old “common law privilege” protecting anyone attending court proceedings from being taken into civil custody. It explicitly forbids arrests of litigants, witnesses, or potential witnesses while they are traveling to, remaining at, or leaving court unless the arrest is authorized by a judge’s order.

The chief judge’s office said the move was necessary to safeguard public confidence and ensure that everyone can safely participate in the judicial process.

“Access to justice depends on every individual’s ability to appear in court without fear or obstruction,” he said in a statement Tuesday night. “Our courthouses remain places where all people, regardless of their background or circumstance, should be able to safely and confidently participate in the judicial process.”

Timothy Evans (Wikipedia)

The order defines “courthouse” as any building where the Circuit Court of Cook County conducts court, and “environs” as the area surrounding each courthouse, including entryways, sidewalks, driveways, and parking lots.

ICE conducts two types of arrests under federal law — civil and criminal — each with different legal bases and consequences.

Civil immigration arrests occur when ICE detains someone suspected of violating federal immigration law, such as overstaying a visa or entering the country without authorization. These are administrative actions, not criminal charges. They are based on civil warrants issued by ICE officers, not by judges, and do not allege a crime. People taken into custody under civil authority typically face deportation or removal proceedings rather than criminal prosecution.

Criminal immigration arrests, on the other hand, involve individuals accused of committing a federal crime — for example, reentering the United States after deportation or engaging in document fraud. These arrests require a judicial warrant and lead to criminal prosecution in federal court, where defendants are entitled to the same due-process protections as anyone charged with a crime.

Evans’ new order applies only to civil arrests, meaning ICE and other agencies cannot detain people at or near courthouses for immigration violations unless a judge has authorized the arrest.

Cook County Board President Toni Preckwinkle praised the decision, saying it prevents Immigration and Customs Enforcement from “jeopardizing the functioning of our courts.” She called the directive a reaffirmation of Cook County’s commitment to “protecting the rights of all residents and ensuring equal access to justice,” adding that it comes “at a critical time when ICE enforcement has become increasingly violent, inhumane, and unlawful.”