Cook County Circuit Chief Judge Timothy Evans signed an order Wednesday stating that US Immigration and Customs Enforcement (ICE) cannot make arrests in state courtrooms. Chicago, Illinois, where ICE operations are ongoing, is located in Cook County.
The order declares that courts must “remain open and accessible” and in such a manner that “litigants and witnesses may appear without fear of civil arrest.”
“The common law has long recognized this privilege to ensure individuals can fulfill legal duties without risking further legal jeopardy,” the order further states.
In response to the order, the US Department of Homeland Security (DHS) doubled down on its stance toward courtroom arrests and their legality under the Constitution.
“We aren’t some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law,” the DHS said in a statement. “Nothing in the constitution prohibits arresting a lawbreaker where you find them.”
According to The Associated Press, Evans claimed justice “depends on every individual’s ability to appear in court without fear or obstruction.”
“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,” the judge continued.
Milwaukee County Circuit Court Judge Hannah Dugan was arrested in April for attempting unsuccessfully to help an illegal immigrant evade federal law enforcement while in court. Dugan was federally charged with concealing a person from arrest and obstruction of justice.
