A coalition of nearly 250 elected officials, faith leaders, community organizations, and residents called on March 12 for a special prosecutor to be appointed to investigate alleged crimes by federal agents during Operation Midway Blitz. The petition was submitted by the Chicago law firm Loevy and Loevy to the Cook County Circuit Court, arguing that State’s Attorney Eileen O’Neill Burke has failed in her duties by not acting on what they describe as clear evidence of wrongdoing.
The petition is significant because it reflects growing public concern over the actions of federal immigration agents in Cook County and questions about accountability when local prosecutors decline to act. The coalition cited incidents including the fatal shooting of Silverio Villegas González in Franklin Park, the non-fatal shooting of Marimar Martinez in Brighton Park, and multiple uses of tear gas and pepper balls against protestors.
The document had 243 signatories, including several Chicago alderpersons. About 30 representatives gathered at Federal Plaza for a news conference supporting their call. “People are tired of hearing that nothing can be done. People are tired of leaders pointing to obstacles instead of solutions. People are tired of empty promises,” Juan Pablo Herrera, board president at Palenque LSNA and member of the Illinois Coalition for Immigrant and Refugee Rights, said during the event.
Attorney Sheryl Weikal previously filed a similar lawsuit seeking a special prosecutor. In February, several Illinois elected officials sent a letter demanding an investigation into both shootings mentioned above. Cook County Board President Toni Preckwinkle’s office also urged O’Neill Burke to pursue all available charges related to these incidents.
O’Neill Burke has responded that her office cannot independently investigate criminal conduct unless cases are brought forward by law enforcement agencies. She described demands for a special prosecutor as “frivolous” and argued such an appointment would make it harder for her office to prosecute Immigration and Customs Enforcement agents who break the law. “The stakes are too high for us to get this wrong, and I will strenuously oppose this petition,” O’Neill Burke said.
State Rep. Lilian Jiménez pointed out that other jurisdictions have taken more direct action; Hennepin County Attorney Mary Moriarty in Minnesota is investigating potential crimes by federal immigration agents after two fatal shootings there earlier this year.
Loevy and Loevy attorney Steve Art said most alleged crimes were captured on video: “a video alone is enough, in many cases, to show that a crime has been committed.” He added: “Elected prosecutors around the United States, in exactly the same situation, have said, ‘We’re gonna investigate and prosecute these crimes.’ That’s the kind of commitment the people of Cook County are looking for from their elected leaders and that’s what they are not getting.”
Last month, O’Neill Burke’s office released new guidance instructing local law enforcement agencies on documenting use-of-force incidents involving federal immigration agents; however, investigations must still be led by those agencies rather than her office directly. The petition argues this protocol does not address other possible crimes or past incidents.
A hearing before Judge Erica L. Reddick is scheduled for March 24 regarding whether a special prosecutor should be appointed.
