Cook County Prosecutor Releases Policy for Charging Federal Immigration Agents

The new protocol outlines steps for filing charges against federal agents accused of misconduct.

Published on Feb. 26, 2026

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The Cook County state's attorney's office has released a new policy that provides a legal framework for filing charges against federal immigration agents. The policy document outlines the steps prosecutors must take, including considering federal immunity protections. The move comes amid calls from advocacy groups to hold agents accountable for alleged misconduct during immigration enforcement actions.

Why it matters

The policy is seen as a response to growing tensions between local officials and federal immigration authorities in the Chicago area. It establishes a clear process for state prosecutors to potentially bring charges against federal agents, which is a rare and complex scenario.

The details

The policy document notes that prosecutors must consider federal immunity protections, which can limit the ability to charge agents for actions taken during the performance of their official duties. However, charges can be brought if the agent's actions were so egregious they could not have reasonably believed it was in accordance with their duties. The policy also directs law enforcement to collect specific evidence when responding to immigration enforcement actions that could potentially lead to criminal charges.

  • The policy was released by the Cook County state's attorney's office on Thursday, February 19, 2026.

The players

Eileen O'Neill Burke

The Cook County state's attorney who released the new policy on charging federal immigration agents.

Kwame Raoul

The Illinois Attorney General who expressed support for the new policy.

Lori Lightfoot

The Mayor of Chicago who issued an executive order directing police to investigate and potentially refer federal immigration agents for prosecution.

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What they’re saying

“No one is above the law - including both ICE agents and prosecutors. If a federal law enforcement agent commits a crime, my office will not hesitate to act, in accordance with state law. This protocol establishes clear, legally sound guidelines to ensure we have a responsible and effective path to pursue accountability.”

— Eileen O'Neill Burke, Cook County State's Attorney (News release)

“I am proud to stand with State's Attorney Burke and fellow prosecutors committed to using every lawful tool available to hold this administration accountable consistent with this protocol.”

— Kwame Raoul, Illinois Attorney General (News release)

What’s next

The new policy will guide law enforcement and prosecutors in the Cook County state's attorney's office as they investigate potential misconduct by federal immigration agents and determine whether to file criminal charges.

The takeaway

This policy represents a significant step by local officials in Chicago to hold federal immigration agents accountable for alleged misconduct, marking an escalation in the ongoing tensions between local and federal authorities over immigration enforcement.