Top Cook County judge bars civil arrests at courthouses, citing chilling effect

Cook County Circuit Chief Judge Timothy Evans signed an order barring civil arrests of people while at county courts — a common tactic used by federal immigration agents to detain people.

The order takes effect Wednesday and bars the civil arrest of any “party, witness, or potential witness” while going to, remaining at or returning from court proceedings inside the courthouse or the larger property — such as parking lots, sidewalks or entryways — though judicial warrants can still be carried out.

“The fair administration of justice requires that courts remain open and accessible, and that litigants and witnesses may appear without fear of civil arrest,” the order states. “The common law has long recognized this privilege to ensure individuals can fulfill legal duties without risking further legal jeopardy.”

It comes about two weeks after the Cook County public defender’s office and legal aid organizations made a call for the action, saying they had clients who were avoiding court out of fear of being detained by federal immigration authorities.

“We are gratified the chief judge has exercised his authority to protect our communities, which have been under constant attack by ICE and other federal agents,” Alexa Van Brunt, director of the MacArthur Justice Center’s Illinois office, said in a statement. “This is a necessary and overdue action to ensure the people of Cook County can access the courts without fear.”

On Tuesday morning, at least two people were detained by federal immigration agents outside the northwest suburban Rolling Meadows courthouse, according to a witness account and video shared with the Sun-Times.

At least nine people have been arrested by federal immigration agents at Cook County courthouses since the end of July, and federal agents have arrived at courthouses three other times seeking to arrest people, according to the Cook County Public Defender’s office. Officials suspect there have been more incidents as feds have also been seen using city property to stage near county courthouses.

Last month, a woman was arrested by ICE while entering the Domestic Violence Courthouse, at 555 W. Harrison St. in the Loop. About two weeks later, federal agents parked outside the courthouse in an unmarked vehicle with “an assault-style rifle,” prompting calls to 911 and widespread fear among those inside, according to the public defender’s office.

During President Donald Trump’s first term, New York passed a statewide law barring ICE from making arrests in state, city and other municipal courthouses. The Trump administration sued the state over the law this summer.

“Access to justice depends on each individual’s ability to appear in court without fear or obstruction,” Evans said in a statement. “Our courthouses remain places where all people — regardless of their background or circumstance — should be able to safely and confidently participate in the judicial process.”