Chicago’s mayor Brandon Johnson has ordered Chicago police to investigate and document alleged illegal activity by federal immigration (ICE) agents in the city, a move that will escalate tensions over jurisdiction between local and federal authorities.
The executive order, titled ICE on Notice, gives Chicago police “clear procedure” to follow if they witness or receive reports of ICE agents involved in illegal activity and refer evidence of potential violations to city prosecutors.
“Nobody is above the law,” Johnson said in a statement on Twitter/X. “With today’s order, we are putting ICE on notice in our city. Chicago is leading the way as the first city to create infrastructure for holding ICE and CBP agents accountable for crimes against our communities”.
The order comes as a federal judge order denied Minnesota’s bid to temporarily block the immigration crackdown, rejecting an argument that the federal immigration crackdown in the state did not violate the 10th amendment of the constitution which limits federal power.
Chicago’s move opens up a different avenue, and asserts power to investigate and prosecute the actions of federal law enforcement in the city. But federal authorities typically have the power to block local inquiries, and federal judges typically uphold federal authority over local, especially in matters relating to immigration.
City officials drafted the measure in response to immigration operations that, according to the mayor’s office, have “violated constitutionally protected rights, destabilized communities, and provoked life-threatening confrontations while remaining insulated from local or civilian oversight”.
The order allows Chicago police to ensure that any body-camera footage captured during an incident is preserved; seek to identify the federal supervisory officer on scene; and report any violation of state or local law by federal agents.
Cook county’s state attorney office said it “remains committed to protecting public safety, ensuring accountability and upholding the rule of law alongside our law enforcement partners”.
The directive comes as concerns in Chicago mount that ICE operations could ramp up in the city when operations begin to wind down in Minneapolis, as the Trump administration has indicated they will – subject to local cooperation.
Johnson signed an executive order in October that sought to limit where federal agents can gather, declaring city-owned or controlled parking lots, vacant lots and garages as “ICE-free” zones.
Last week, he called for a national civil rights movement in response to federal immigration actions.
“This moment calls for boldness – not some sort of pragmatic pragmatism to a tyrant,” he said. “In fact, that’s how we got in this mess in the first place. It’s because we were too tepid. We nibbled around the edges as Democrats, and instead of fighting and standing up for the interests of working people, we capitulated to corporations and the ultra-rich.”
He added that his administration was looking for ways “not just to bring charges and investigation against the federal overreach, but how we can create a process that allows for prosecution of these individuals”.
On Saturday, Donald Trump warned he wouldn’t send federal help to quell protests in “poorly run” Democratic cities unless they ask for help.
“I have instructed Secretary of Homeland Security, Kristi Noem, that under no circumstances are we going to participate in various poorly run Democrat Cities with regard to their Protests and/or Riots unless, and until, they ask us for help,” Trump posted on Truth Social.
“We will, however, guard, and very powerfully so, any and all Federal Buildings that are being attacked by these highly paid Lunatics, Agitators, and Insurrectionists,” he added.
