Illinois Judge issues order barring warrantless arrests of court attendees

A judge in Illinois prohibited civil arrests of court attendees absent a judicial warrant or judicial order on Tuesday.

Chief Judge Timothy C. Evans of the Circuit Court of Cook County issued a General Administrative Order that bars civil arrests unrelated to court business for individuals traveling to, present in, or leaving court proceedings in the county. The order applies to all arrests made in courthouses and their vicinity in Cook County, as the order defines “courthouse” as any building where the Circuit Court of Cook County conducts court, and “environs” as the area surrounding each courthouse, including entryways, sidewalks, driveways, and parking lots.

When announcing the order, Chief Judge Evans stated, “Access to justice depends on every individual’s ability to appear in court without fear or obstruction. Our courthouses remain places where all people—regardless of their background or circumstance—should be able to safely and confidently participate in the judicial process.”

While the order does not name specific agencies, its terms reach civil arrests by federal immigration authorities at court facilities, effectively requiring US Immigration and Customs Enforcement (ICE) to obtain a judicial warrant before making such arrests at Cook County courthouses or adjacent areas. Local media characterized the directive as barring ICE civil arrests at county court facilities.

The order cited longstanding common-law principles protecting court participants from civil arrest, echoing similar protections adopted in New York after federal courthouse enforcement actions drew criticism. The state adopted the Protect Our Courts Act (POCA) in 2020, which is similar in scope to what Cook County’s order asserts. [MORE]