Mayor Brandon Johnson’s executive order targeting federal immigration agents for prosecution faced a devastating critique Friday from the Cook County State’s Attorney’s Office, which warned the mayor’s plan could sabotage criminal cases and inject politics into law enforcement decisions.
In a two-page memo to staff, Yvette Loizon, Chief Assistant State’s Attorney for Policy and External Affairs, systematically dismantled key provisions of Johnson’s order, calling parts of it “wholly inappropriate” and warning it “jeopardizes our ability to effectively prosecute and secure convictions when federal agents have committed a crime.”
The extraordinary rebuke came days after State’s Attorney Eileen O’Neill Burke publicly disputed Johnson’s claim that he “worked closely” with her office in drafting the order. Burke called the mayor’s assertion “not true” in an unusual social media statement posted within hours of Johnson’s announcement last weekend.
Johnson’s office fired back, claiming it had “reviewed the language with the State’s Attorney’s Chief of Policy and made edits based on their feedback.” Friday’s memo raises questions about what edits, if any, were actually made.
Loizon’s memo acknowledged that Burke “is deeply concerned” about immigration agents “who have been wreaking havoc in communities across the country and in our own neighborhoods.” She noted that Burke takes prosecution of criminal conduct by law enforcement seriously, but warned that “if a federal law enforcement agent commits a crime while on-duty, state and federal law limits the CCSAO’s ability to prosecute and secure a conviction, except in very narrow circumstances.”
According to the memo, “The Mayor’s recent Executive Order introduces additional hurdles” to prosecution.
The state’s attorney’s office identified a critical flaw in Johnson’s directive that the Chicago Police Department collect evidence of crimes by federal agents and refer those matters for prosecution “at the direction of the Mayor’s Office.”
Loizon wrote that the mayor’s office is not part of the criminal charging process, and by inserting himself into the mix, Johnson taints a process that is supposed to be non-political. Anyone in the mayor’s office involved in reviewing evidence or making charging decisions would almost certainly find themselves called as witnesses by defense attorneys, she wrote.