Blue city judge cites 'fear or obstruction' in blocking ICE courthouse arrests during court proceedings
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A Chicago judge has issued an order on Wednesday that stops Immigration and Customs Enforcement (ICE) from conducting arrests at Cook County courthouses. The decision was made due to concerns about “fear or obstruction” impacting suspected undocumented immigrants who need to attend legal proceedings.

Officials in this Midwest sanctuary city, which has been a focus of the Trump administration’s federal immigration policies, reported that individuals were avoiding court appearances out of fear of being apprehended.

The ruling specifically prevents immigration authorities from carrying out civil arrests on any “party, witness, or potential witness” while they are present at court.

US Immigration and Customs Enforcement in Chicago, Illinois

ICE agents, alongside other federal law enforcement personnel, participate in a pre-enforcement meeting in Chicago, as captured in a photograph by Christopher Dilts for Bloomberg via Getty Images.

Cook County Circuit Chief Judge Timothy Evans emphasized that justice hinges on every person’s ability to attend court proceedings without fear or obstruction, as he explained the reasoning behind his decision.

The Trump administration in June launched an initiative to arrest illegal immigrants after asylum hearings.

The tactic stirred controversy, with critics claiming migrants seeking legal citizenship would be less likely to show up to hearings, and those arrested after hearings may not have additional criminal histories.

ICE agents in Chicago

ICE agents walk down a street during a multi-agency targeted enforcement operation in Chicago.  (Christopher Dilts/Bloomberg via Getty Images)

Videos of the arrests went viral on social media, with some accusing ICE of “kidnapping” migrants.

In September, the ACLU and immigrant rights groups filed a lawsuit in New York City regarding the practice, though a federal judge ultimately ruled there was not enough evidence to suggest ICE’s courthouse arrest policy changes were “unexplained, arbitrary and capricious” after 2021 guidance allowed arrests at or near immigration courts.

Anti-ICE protest and Gov. J.B. Pritzker

The Department of Homeland Security is criticizing Illinois Democratic Gov. J.B. Pritzker, right, for not being proactive in responding to a chaotic anti-ICE protest in Broadview, Ill. (Anna Moneymaker/Getty Images and Jon Stegenga via Storyful)

“Every day, our members are forced to choose between being kidnapped and/or put into expedited removal or risking deeper legal consequences because they’re too scared to go to court,” Diana Konaté, deputy executive director of Policy and Advocacy at African Communities Together, wrote in a statement published by the ACLU related to the New York City case.

“This is exactly what the administration intended—for people to be so fearful of enforcement that they forfeit the very resources and systems in place to protect them,” Konaté added.

Some judges have fought back against the policy, allegedly aiding migrants’ escape after hearings.

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