CHICAGO — In a move to enhance court accessibility, Cook County’s top judge has signed an order prohibiting U.S. Immigration and Customs Enforcement (ICE) from arresting individuals at courthouses in the county, which includes Chicago. This order comes amidst heightened federal immigration enforcement in recent months that has seen ICE agents conducting arrests outside courthouses, consequently triggering protests and fear among potential court attendees.

The signed order, effective immediately, bars civil arrests of any party, witness, or potential witness while attending court proceedings, whether they occur inside courthouses or in surrounding areas such as parking lots and entryways. Chief Judge Timothy Evans emphasized the critical need for court openness and accessibility, stating that justice relies on every individual’s chance to appear without fear of arrest.

This order follows appeals from local immigration advocates and legal representatives who pointed out an alarming trend where individuals avoid the courthouse due to fear of immigration enforcement actions. The Cook County Public Defender’s Office has noted at least a dozen immigration arrests at courthouses since late July, prompting calls for protective measures like this one.

Candidate for the order, Cruz Rodriguez of the public defender’s immigration division, highlighted the difficult situation faced by clients who feel torn between attending court and the risk of being detained by ICE. Similarly, domestic violence advocates stressed the danger of arrest for individuals seeking legal help, noting that the presence of ICE can deter domestic violence victims from seeking necessary protection.

In response to these measures, the Department of Homeland Security has defended the practice, labeling it common sense and asserting the constitutional right to arrest individuals wherever they may be found. Critics argue that such assertions undermine the judicial integrity by creating a coercive environment for witnesses and litigants.

This action in Cook County aligns with broader movements across the country, where similar arrests have prompted lawsuits and legislative efforts to protect court access. Alongside calls for state-level resolutions to condemn federal practices, Illinois lawmakers, led by House Speaker Emanuel Welch, are seeking to address these challenges as part of the ongoing dialogue regarding immigration enforcement.

The growing community response against ICE tactics, particularly in the Chicago area, indicates a larger public discontent against federal immigration approaches. Local initiatives include organizing whistle events to alert communities of ICE activity, as well as fundraising campaigns to support detainees facing legal costs.

As the landscape of immigration enforcement continues to evolve, the implications of Evan’s order may provide a template for other jurisdictions grappling with similar challenges.