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State's Attorney Says Mayor's ICE Order to Cops Is Illegal
Cook County prosecutor claims mayor's directive violates her office's independence and may compromise prosecutions.
Published on Feb. 16, 2026
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Chicago Mayor Brandon Johnson's executive order directing police to report ICE violations to prosecutors has been deemed illegal by Cook County State's Attorney Eileen O'Neill Burke. Burke says the order violates her office's independence and may compromise prosecutions. The City Council will vote on whether to investigate if Chicago police cooperated with ICE, a move the mayor supports, but Burke argues the mayor's order creates conflicting directives for police.
Why it matters
This case highlights the ongoing tensions between local and federal authorities over immigration enforcement, with the mayor seeking to protect immigrant communities and the state's attorney arguing the mayor's order undermines the legal process. It exposes a contradiction in the administration's approach and raises questions about the limits of local control over law enforcement.
The details
Mayor Johnson's executive order directs Chicago police to report ICE violations to prosecutors, which Burke says violates her office's independence. Burke's office said the order may compromise the integrity of criminal cases and undermine due process. Alderman Raymond Lopez argues the administration is asking police to follow conflicting orders by opposing ICE cooperation on one hand but demanding they report violations on the other. The City Council will vote on whether to investigate CPD's cooperation with ICE, which the mayor supports.
- Mayor Johnson issued the executive order on February 15, 2026.
- The City Council will vote on the ICE cooperation investigation on February 18, 2026.
The players
Brandon Johnson
The mayor of Chicago who issued the executive order directing police to report ICE violations to prosecutors.
Eileen O'Neill Burke
The Cook County State's Attorney who has deemed the mayor's order illegal, arguing it violates her office's independence and may compromise prosecutions.
Raymond Lopez
A Chicago alderman who argues the mayor's order creates conflicting directives for police and that the administration is being hypocritical in its approach to immigration enforcement.
Larry Snelling
The Chicago Police Superintendent who says he does not want to get involved in political policymaking, stating this is about building trust between the community and police.
Lakenya White
The Chief Administrator of the Civilian Office of Police Accountability (COPA), which has received at least 40 complaints alleging CPD cooperation with ICE since June.
What’s next
The City Council will vote on February 18, 2026 on whether the Civilian Office of Police Accountability should investigate whether Chicago police cooperated with ICE.
The takeaway
This case highlights the ongoing tensions between local and federal authorities over immigration enforcement, with the mayor seeking to protect immigrant communities and the state's attorney arguing the mayor's order undermines the legal process. It exposes a contradiction in the administration's approach and raises questions about the limits of local control over law enforcement.
