Mayor Backs Off Directing ICE Misconduct Charges After Prosecutor Criticism

Chicago mayor says his executive order does not require his office to refer cases to state's attorney's office.

Published on Feb. 10, 2026

Got story updates? Submit your updates here. ›

Chicago Mayor Brandon Johnson said he will not refer alleged cases of misconduct by federal immigration agents to the Cook County state's attorney's office, following criticism by the top prosecutor that his 'ICE on notice' executive order would politicize investigations. Johnson said the order directs the police department, not the state's attorney, to collect evidence and investigate potential criminal behavior by immigration agents.

Why it matters

The dispute between the mayor and the state's attorney highlights the political tensions over how to respond to federal immigration enforcement actions in Chicago. While Johnson has positioned himself as a progressive opponent of the Trump administration's aggressive deportation tactics, the state's attorney has cautioned that her office's ability to bring charges against on-duty federal agents would be limited.

The details

Johnson signed an executive order last month directing Chicago police to collect evidence, investigate and potentially refer for felony prosecution criminal charges against federal immigration agents accused of misconduct. However, Cook County State's Attorney Eileen O'Neill Burke released a memo saying Johnson's decree would jeopardize her office's ability to secure convictions. Johnson said the order's language about directing the police department does not mean his office will be reviewing individual cases, as law enforcement usually makes referrals to prosecutors directly.

  • On January 31, 2026, Johnson signed the 'ICE on notice' executive order.
  • On February 3, 2026, Burke released a memo criticizing Johnson's order.

The players

Brandon Johnson

The mayor of Chicago who signed an executive order directing police to investigate potential misconduct by federal immigration agents.

Eileen O'Neill Burke

The Cook County state's attorney who released a memo criticizing Johnson's executive order, saying it would jeopardize her office's ability to secure convictions.

Cassio Mendoza

A spokesperson for Mayor Johnson who clarified that the mayor's office would not be reviewing individual cases referred by the police department.

Got photos? Submit your photos here. ›

What they’re saying

“The direction is to the Police Department, not to the state's attorney. I direct the Police Department all the time ... The reason why that direction had to be codified is so that there is no ambiguity around how the Police Department can engage when they're on site and if they're witnessing abusive behavior.”

— Brandon Johnson, Mayor of Chicago (chicagotribune.com)

“The order was 'wholly inappropriate' and 'jeopardizes our ability to effectively prosecute and secure convictions' against federal agents.”

— Eileen O'Neill Burke, Cook County State's Attorney (chicagotribune.com)

What’s next

The mayor's office and the state's attorney's office will continue discussions about how to implement the mayor's executive order on investigating potential misconduct by federal immigration agents.

The takeaway

The dispute between the mayor and the state's attorney highlights the political challenges in holding federal immigration enforcement accountable, even in a Democratic-led city like Chicago. While the mayor wants to take a strong stance, the prosecutor has cautioned about the legal limitations in bringing charges against on-duty federal agents.