DePaul Student Accused of Spitting on ICE Agent at O'Hare

Lawyer says felony case is 'blown out of proportion'

Apr. 1, 2026 at 9:50pm

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A 20-year-old DePaul University student has been charged with a felony for allegedly spitting on an Immigration and Customs Enforcement (ICE) agent at O'Hare Airport. The student's lawyer argues the incident was unintentional and that the charges are an overreaction by authorities.

Why it matters

The alleged spitting incident comes amid heightened tensions between immigration activists and federal agents, with the partial government shutdown exacerbating the conflict. The case highlights the ongoing debate over ICE's tactics and the legal challenges facing local prosecutors who want to investigate alleged misconduct by federal immigration authorities.

The details

According to the police report, Brett Heier 'intentionally and forcefully' spat on the ICE agent on Sunday evening as he was leaving Terminal 2 at O'Hare. Heier was arrested on Tuesday and charged with a felony count of aggravated battery to a peace officer. However, Heier's lawyer, Barry Sheppard, argues that his client is only accused of spitting on the agent's shoe, and it may have been unintentional. Sheppard also noted that Heier was taking medication for an abscessed tooth at the time.

  • The alleged spitting incident occurred on Sunday evening, April 1, 2026.
  • Heier was arrested on Tuesday, April 3, 2026.
  • Heier was ordered released from custody during his first court hearing on Wednesday, April 4, 2026.

The players

Brett Heier

A 20-year-old DePaul University student who was charged with a felony for allegedly spitting on an ICE agent at O'Hare Airport.

Barry Sheppard

The attorney representing Brett Heier, who argues the charges against his client are 'blown out of proportion'.

Immigration and Customs Enforcement (ICE)

The federal agency whose agent was allegedly spat on by Heier, with a spokesperson claiming a rise in assaults and threats against its employees.

Eileen O'Neill Burke

The Cook County State's Attorney who has faced calls to investigate and prosecute immigration agents, but has said she is 'legally handcuffed' when it comes to targeting federal authorities.

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What’s next

The judge in the case will decide on Tuesday whether or not to allow Brett Heier out on bail.

The takeaway

This case highlights the ongoing tensions between immigration activists and federal agents, with local prosecutors facing legal challenges in investigating alleged misconduct by ICE. It also raises questions about the appropriate response to minor incidents involving federal authorities during a politically charged time.