Mayor's Anti-ICE Order Faces Backlash from State's Attorney's Office

Cook County prosecutor warns plan could undermine criminal prosecutions and inject politics into law enforcement

Published on Feb. 7, 2026

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Chicago Mayor Brandon Johnson's executive order targeting federal immigration agents for prosecution has faced a scathing critique from the Cook County State's Attorney's Office. In a memo to staff, Chief Assistant State's Attorney Yvette Loizon warned that the mayor's plan could sabotage criminal cases and inject politics into law enforcement decisions. Loizon said the order 'jeopardizes our ability to effectively prosecute and secure convictions when federal agents have committed a crime.'

Why it matters

The dispute highlights the tensions between local and federal law enforcement, as well as the challenges of balancing criminal justice reform with effective prosecution. The State's Attorney's Office has raised concerns that the mayor's order could undermine their ability to hold law enforcement accountable, while the mayor's office claims it is working to protect immigrant communities from abuses.

The details

Loizon's memo systematically dismantled key provisions of Johnson's order, calling parts of it 'wholly inappropriate' and warning it 'jeopardizes our ability to effectively prosecute and secure convictions when federal agents have committed a crime.' The memo acknowledged that State's Attorney Eileen O'Neill Burke is 'deeply concerned' about immigration agents 'wreaking havoc in communities,' but warned that the mayor's order introduces 'additional hurdles' to prosecution by inserting the mayor's office into the criminal charging process, which is supposed to be non-political.

  • Mayor Johnson announced the executive order last weekend.
  • The State's Attorney's Office issued the critical memo on Friday, February 7, 2026.

The players

Brandon Johnson

The mayor of Chicago who issued the executive order targeting federal immigration agents.

Yvette Loizon

The Chief Assistant State's Attorney for Policy and External Affairs in the Cook County State's Attorney's Office, who authored the critical memo.

Eileen O'Neill Burke

The Cook County State's Attorney who publicly disputed the mayor's claim that he 'worked closely' with her office in drafting the order.

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What they’re saying

“The Mayor's recent Executive Order introduces additional hurdles to prosecution.”

— Yvette Loizon, Chief Assistant State's Attorney for Policy and External Affairs (cwbchicago.com)

“If a federal law enforcement agent commits a crime while on-duty, state and federal law limits the CCSAO's ability to prosecute and secure a conviction, except in very narrow circumstances.”

— Yvette Loizon, Chief Assistant State's Attorney for Policy and External Affairs (cwbchicago.com)

What’s next

The State's Attorney's Office has not indicated any specific next steps, but the dispute is likely to continue as the mayor's office and the prosecutor's office navigate the tensions over the executive order.

The takeaway

This clash between the mayor's office and the State's Attorney's Office highlights the complex balance between criminal justice reform and effective prosecution, as well as the challenges of navigating the relationship between local and federal law enforcement. The outcome could have significant implications for how Chicago approaches issues of immigration and police accountability.