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Cook County Releases Guidelines for Prosecuting Federal Immigration Agents
New protocol aims to overcome legal barriers in holding agents accountable for on-duty misconduct.
Published on Feb. 26, 2026
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The Cook County State's Attorney's Office has released new guidelines for state prosecutors to follow if they are presented with evidence to prosecute a federal immigration agent for misconduct while on duty. This comes amid growing public pressure for accountability, as so far no federal agents have been charged with crimes during on-duty incidents involving the use of force, even in high-profile cases like the Minneapolis shootings of Renee Good and Alex Pretti, or the Chicago shooting of Marimar Martinez.
Why it matters
The new protocol is an attempt by local prosecutors to address a gap in accountability, as the federal government has historically not investigated or charged its own agents for on-duty misconduct. This raises concerns about a lack of oversight and potential abuse of power by federal immigration authorities, especially under the previous presidential administration.
The details
The guidelines outline the scope of cases, relevant laws, and the significant legal barriers state prosecutors face, including the federal government's lack of obligation to share evidence and the Supremacy Clause that provides federal agents with immunity. Despite these challenges, the state's attorney's office hopes the new protocol will at least serve as a deterrent to federal agents operating in Cook County.
- The guidelines were released on Thursday, February 19, 2026.
The players
Cook County State's Attorney Eileen O'Neill Burke
The top prosecutor in Cook County, Illinois, who has faced public pressure to hold federal immigration agents accountable for on-duty misconduct.
Christopher Parente
An attorney representing Marimar Martinez, who was shot by a federal immigration agent in Chicago.
Craig Engebretson
The first assistant state's attorney in Cook County, who helped develop the new guidelines.
What they’re saying
“In fact, the agent in our case, Agent Exum, was patted on the back within three hours by Greg Bovino, saying, 'great job on shooting somebody,'”
— Christopher Parente, Attorney representing Marimar Martinez (abc7chicago.com)
“We have to know that there is sufficient admissible evidence to overcome that defense so that we can prove our case beyond a reasonable doubt.”
— Craig Engebretson, First Assistant State's Attorney, Cook County (abc7chicago.com)
What’s next
If a Department of Justice investigation into Agent Charles Exum's actions reaches a dead end, Parente says he will then turn to the Cook County State's Attorney's Office to take action, though even a state investigation will need some cooperation from federal authorities.
The takeaway
The new guidelines from the Cook County State's Attorney's Office represent an attempt to address a lack of accountability for federal immigration agents accused of misconduct, as the federal government has historically failed to investigate or charge its own agents. While significant legal barriers remain, the protocol aims to at least serve as a deterrent to federal agents operating in the county.
