Cook County prosecutors dropped charges on April 2 against 19 people who were arrested during protests outside the Immigration and Customs Enforcement facility in Broadview last fall.
The decision to dismiss these cases is part of a broader trend, as most of the roughly 100 protesters initially charged following demonstrations at the facility have now seen their cases dropped. The move has drawn attention to how local law enforcement and prosecutors handle nonviolent protest-related arrests, especially those involving minor infractions.
In recent weeks, similar actions have been taken: in early February, charges were dismissed for another group of 19 protesters—including faith leaders—arrested during a clergy-led demonstration. Last month, charges were also dropped for 21 mostly suburban mothers who staged a sit-in. According to the Cook County State’s Attorney’s Office, more than 60 out of about 100 cases have now been dismissed, fewer than ten protesters accepted plea deals, and around twenty cases remain pending. Most involved misdemeanor charges; some faced felonies.
A Block Club Chicago investigation found that many arrests stemmed from minor violations such as standing or sitting on barriers or not moving quickly enough when asked by police. Attorneys representing demonstrators held a press conference outside the Daley Center urging remaining charges be dropped. “We’re going to continue to fight them,” said Amanda Yarusso, civil rights attorney and National Lawyers Guild volunteer handling many protester cases. “We don’t think the evidence supports those charges, and we are also arguing that it violated our clients’ First Amendment rights, and was a violation of the TRUST Act.”
Elyssa Cherney, spokesperson for Cook County State’s Attorney Eileen O’Neill Burke, said misdemeanor complaints are filed by police but reviewed by prosecutors before proceeding: “Our prosecutors receive the evidence at the first court date and carefully review the facts to determine the best way to proceed, which may include declining to prosecute based on the seriousness of the offense and the totality of circumstances.”
Protesters began gathering at Broadview in October after tensions between federal agents and demonstrators led Governor JB Pritzker to launch Unified Command—a joint effort among state agencies intended to protect free speech while keeping order with designated protest zones. Despite this initiative meant for safety and rights protection, over one hundred people were arrested mainly by Illinois State Police for offenses like resisting arrest or obstruction—often with sparse details in official reports.
During Wednesday’s hearing where new dismissals occurred—a statement read aloud noted: “Although sufficient evidence exists to support this prosecution, considering the totality of circumstances we are declining to proceed.”
Erin Macdonald is among those still facing trial after being arrested Oct. 17: “The state is wasting its own scarce resources to agonize over whether I deserve to be brutalized and charged for standing in the wrong part of street… What are we doing? Who is this helping?” Macdonald said.
