Chicago Mayor's 'ICE on Notice' Order Faces Pushback from Prosecutor

State's Attorney says the order compromises potential prosecutions of federal immigration agents

Published on Feb. 7, 2026

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In a memo to employees, the policy chief for Cook County State's Attorney Eileen O'Neill Burke said Chicago Mayor Brandon Johnson's 'ICE on notice' executive order compromises potential prosecutions of federal immigration agents by politicizing the investigations. The order directs the Chicago Police Department to collect evidence, investigate, and potentially refer for felony prosecution criminal charges against federal immigration agents accused of misconduct, but the state's attorney's office says this unprecedented involvement from the mayor's office would jeopardize their ability to secure convictions.

Why it matters

The public rift between the mayor and the county's top prosecutor highlights the tensions surrounding federal immigration enforcement in Chicago. The state's attorney's office is concerned the mayor's order could undermine their ability to independently investigate and prosecute any wrongdoing by immigration agents, which advocacy groups have been pushing for.

The details

The memo, signed by policy chief Yvette Loizon, says the line in the executive order allowing the mayor's office to direct the Chicago Police Department to refer felony cases to the state's attorney's office 'compromises the integrity of the investigation and would similarly compromise the prosecution.' The state's attorney's office says any evidence or witnesses connected to the mayor's office could be used by the defense to discredit the prosecution.

  • The executive order was announced by Mayor Brandon Johnson last Saturday (February 4, 2026).
  • On Friday (February 7, 2026), the policy memo was sent to employees in the state's attorney's office.

The players

Eileen O'Neill Burke

The Cook County State's Attorney, who is responsible for bringing any charges against immigration agents whose conduct has drawn scrutiny.

Brandon Johnson

The Mayor of Chicago, who issued the 'ICE on notice' executive order directing the Chicago Police Department to investigate and potentially refer for prosecution federal immigration agents accused of misconduct.

Yvette Loizon

The policy chief for the Cook County State's Attorney's office, who authored the memo outlining concerns about the mayor's executive order.

Cassio Mendoza

The spokesperson for Mayor Brandon Johnson.

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What they’re saying

“This concern will be addressed through the rule-making process, which is built into the executive order. We have attempted to clarify this with the CCSAO directly but they have been largely unresponsive to outreach, outside of their public statements to the press. It is premature of the CCSAO to draw conclusions about specific terms absent the interpretive guidance that will accompany the rules.”

— Cassio Mendoza, Spokesperson for Mayor Brandon Johnson (Chicago Tribune)

What’s next

The state's attorney's office says it will not conduct felony review on cases referred to them at the direction of any non-law enforcement or non-investigative entity, indicating a potential legal battle ahead over the mayor's executive order.

The takeaway

This clash between the mayor and the state's attorney highlights the complex legal and political issues surrounding federal immigration enforcement in Chicago, with both sides claiming to act in the public interest but differing on how to properly investigate and prosecute any alleged misconduct by immigration agents.