A petition, a courthouse curbside, and a question of justice

Outside Cook County’s Domestic Violence Courthouse on West Harrison Street, attorneys and advocates gathered this fall to argue that the mere sight of federal immigration agents has become a barrier to justice. They urged Chief Judge Timothy Evans to forbid warrantless immigration arrests in and around court buildings, warning that people are weighing a new risk before stepping inside: whether seeking protection or appearing as a witness could lead to detention, according to the Chicago Tribune.

“ We are asking Chief Judge Evans to do the right thing and to please protect that right by signing the general order,” said Alexa Van Brunt, director of the Illinois office at the MacArthur Justice Center, as reported by the Chicago Tribune.

What petitioners say

The petition, led by Cook County Public Defender Sharone Mitchell Jr. and joined by groups including the MacArthur Justice Center, Chicago Alliance Against Sexual Exploitation and Cabrini Green Legal Aid, asks Evans to enter a general order prohibiting warrantless immigration arrests in or around courthouses, the Chicago Tribune reported. Petitioners cited a common law privilege against arrests within courthouses and said court operations have been “significantly and negatively impacted by ICE’s enforcement,” according to the Chicago Tribune.

They described repeated sightings of federal agents at multiple Cook County sites — the Daley Center, the Leighton Criminal Court Building, the Domestic Violence Courthouse and the branch courts at 111th Street — including reports of masked agents who refused to identify themselves in or near county buildings, the Chicago Tribune noted. In one instance, a 911 call was made after an individual saw a plainclothes agent outside the Domestic Violence Courthouse carrying an “assault-style rifle,” according to the Chicago Tribune.

Advocates said the presence has a chilling effect on people seeking orders of protection and on witnesses needed to prosecute crimes. “We cannot solve or reduce crime if the families fear the very systems meant to ensure their safety,” said Carla Gutierrez, vice president of programs at Mujeres Latinas en Acción. “This climate erodes trust and isolates survivors and creates more barriers to healing and justice,” the Chicago Tribune reported.

Though federal officials often say they target the “worst of the worst,” petitioners pointed to a recent arrest at the Domestic Violence Courthouse of a woman with no criminal convictions who was in court on a misdemeanor domestic battery case that was dismissed, according to the Chicago Tribune. They also argued that while enforcing any order may be difficult for arrests made outside courthouse doors, a clear directive would guide county employees and court personnel. They noted that warrantless stops and arrests in Illinois have been limited by a 2022 federal court settlement, the Chicago Tribune reported.

A Department of Homeland Security spokesperson defended arrests near courthouses as “common sense.” “It conserves valuable law enforcement resources because they already know where a target will be. It is also safer for our officers and the community,” the statement said, according to the Chicago Tribune.

A judicial response

After weeks of mounting concerns, Chief Judge Evans issued an order in October barring U.S. Immigration and Customs Enforcement from arresting people at or near Cook County courthouses, including parties, witnesses and potential witnesses, as reported by AP News. The move aligns with steps taken in other jurisdictions to insulate court functions from civil immigration enforcement. In New York, lawmakers have prohibited civil immigration arrests at state and municipal courthouses without a judicial warrant, according to the Chicago Tribune. National advocates note similar protections elsewhere, including an Oregon Supreme Court rule barring civil immigration arrests in or near courthouses without a judicial warrant, the Brennan Center reports.

Civil-rights groups say the rationale is simple: courthouse arrests undermine access to justice. Such operations “undermine the security of vulnerable communities and the fundamental right to equal protection under the law,” the ACLU says, and they “risk disrupting court operations and dissuading millions of people from accessing the legal system,” according to the Brennan Center.

How courts could protect users

Petitioners urged Evans to adopt clear rules and training. Models and suggested elements from the Brennan Center and the ACLU recommend a Cook County order that:

  • Prohibits civil immigration arrests of parties, witnesses and potential witnesses inside courthouses, on courthouse property, or within a defined perimeter absent a judicial warrant.
  • Requires notice to court administration and a liaison protocol for any planned enforcement near court facilities.
  • Safeguards victims and witnesses by barring pre-hearing detentions tied solely to civil immigration status.
  • Mandates training for court personnel and security on the order’s scope and on responding to immigration inquiries.
  • Collects data on ICE contacts with court users and establishes a complaint process and enforcement mechanisms.

Operational steps could further reduce fear and confusion: publicize protections in multiple languages, provide clear signage, designate a court liaison to manage on-site incidents and coordinate with federal agencies, and partner with local legal-aid groups for on-site referrals, according to the Brennan Center.

To assess whether protections are working, national guidance proposes tracking metrics such as reported ICE contacts at court, filings for orders of protection, witness attendance and no-show rates, and complaints received by court administration, according to the Brennan Center and the ACLU.

Why it matters in Cook County

The stakes are high in a court system that is already under strain. New census estimates show Cook County’s white and Black populations declined in recent years, the Latino population dipped by roughly 10,000 residents, and the county is aging across racial and ethnic groups, according to WBEZ. Those shifts complicate service needs and change who relies on the courts. Meanwhile, under State’s Attorney Eileen O’Neill Burke, pretrial detention petitions rose 70% compared to the same period in 2024, contributing to an approximately 11% increase in the jail population, according to Chicago Appleseed.

Against that backdrop, courthouse encounters with immigration agents can reverberate across dockets. Advocates say people are weighing whether to pursue criminal charges, appear for hearings, or seek civil remedies like eviction or housing relief if it means risking an encounter with ICE, the Chicago Tribune reported. “When there are armed agents outside of our courts who are unidentified and carrying weapons, it impacts everyone who wants to use our court system,” said Sharlyn Grace, senior policy adviser with the public defender’s office, according to the Chicago Tribune.

Federal officials counter that courthouse arrests are efficient and safer for officers and the public. But as Cook County’s new order takes hold, the question is whether clearer rules — and consistent implementation — can rebuild confidence among victims, witnesses and defendants who need the courts to work. If the goal is the same on all sides — safer communities — then measuring the impact of the policy on witness participation, protective-order filings and courtroom safety will be the county’s next test, as proposed by the Brennan Center and the ACLU.