In a significant move addressing concerns over non-criminal arrests at legal venues, Chief Judge Timothy C. Evans of the Circuit Court of Cook County has implemented a new judicial order restricting civil arrests of individuals attending court in Cook County, Illinois. The order specifically prohibits such arrests without a judicial warrant or order, aiming to protect individuals traveling to, attending, or leaving court proceedings.
The directive applies to all locations defined as “court premises” in Cook County, encompassing not only the courthouses themselves but also surrounding areas such as entryways, sidewalks, driveways, and parking lots. Announcing the order, Chief Judge Evans emphasized the necessity of ensuring that all individuals, regardless of their backgrounds, can engage with the judicial process without fear or hindrance. He stated, “Access to justice depends on every individual’s ability to appear in court without fear or obstruction” during the announcement here.
While the order does not mention specific agencies, it effectively requires federal immigration authorities, including U.S. Immigration and Customs Enforcement (ICE), to secure judicial warrants before conducting arrests at court facilities in Cook County. This decision echoes measures adopted in other jurisdictions, such as New York’s Protect Our Courts Act (POCA) of 2020, which was enacted following criticism of federal immigration enforcement actions in courthouses. The Cook County order draws upon longstanding common-law principles that safeguard court participants from civil arrest.
Local responses have largely framed the order as a preventive measure against ICE operations at county courthouses, reflecting a broader nationwide discourse on the intersection of immigration enforcement and access to justice. With this order, Cook County aims to reinforce the judiciary’s role as a neutral space, underscoring the critical balance between law enforcement activities and the fundamental rights of individuals participating in legal proceedings.