Group argues for special prosecutor to investigate possible crimes during Chicago's Operation Midway Blitz
A judge will decide in May if a special prosecutor should be appointed to investigate possible crimes during Operation Midway Blitz, the immigration crackdown in Chicago last year.
The call for a special prosecutor, according to the coalition of 200 community organizers, politicians and lawyers, focuses on possible criminal actions from federal immigration agents that violate Illinois state law.
"What we've seen in Cook County is that the elected state's attorney has abdicated her duty to the people of Cook County be refusing to investigate those crimes, by refusing to bring prosecutions in the face of incredibly well documented crimes," said Steve Art, an attorney with Loevy & Loevy, who are representing the coalition in court.
In court, they argued that possible criminal actions by federal agents have not been investigated by police or Cook County State's Attorney Eileen O'Neill Burke.
"The state's attorney has the obligation and the duty under Illinois law to take some action when no one else will," said Art.
Attorneys cited two shootings by federal agents, one of which was fatal, in Chicago and in Franklin Park which had not been investigated by police departments so, they said, the state's attorney should take responsibility. If she won't, then they believe a special prosecutor is required.
"Because this state's attorney has decided that she cannot legally take any action, when no one else has, a special prosecutor is necessary to make sure anything happens at all," Art argued.
They claim O'Neill Burke has a conflict of interest, which is why her office hasn't filed any charges against federal agents. They cited a previous email from her office, dated before the federal operation, which discusses prioritizing relationships with federal law enforcement to get illegal weapons off the street.
The Cook County State's Attorney's office argued it would be "unlawful" for O'Neill Burke to investigate criminal conduct without an initial police investigation and submission of evidence to her. They said they have a process for investigating federal officers, in which they are not the primary investigator. They said they wait for other agencies, like Chicago police, to bring a case to them.
In court, an assistant state's attorney noted O'Neill Burke filed an amicus brief citing hard from Operation Midway Blitz that was later used in the 7th Circuit Court. They said she has issued protocols that are clear and comprehensive, and walked law enforcement through them.
The State's Attorney's Office also disputed claims law enforcement in Illinois has violated the Trust Act, which prohibits state law enforcement from assisting with immigration enforcement.
Attorneys for the coalition countered by invoking the Laquan McDonald case and the appointment of a independent prosecutor there, which eventually culminated in murder charges filed against former CPD officer Jason Van Dyke and his eventual conviction for second degree murder.
The State's Attorney's Office argued the McDonald case was a completely different situation than what the coalition wants investigated in regards to Operation Midway Blitz.
Joe McMahon, the special prosecutor appointed in the McDonald case who secured Van Dyke's conviction, said if the judge decides to appoint someone new in this case, it amounts to a ruling that the duly elected state's attorney cannot be fair.
"It's a high standard and I'm certain it's one that this judge is looking at very carefully and very thoroughly," he said.
The judge did not make a decision Friday, instead saying she needs time to consider the arguments. She set the next hearing for May 11 and said she hopes to have a ruling by then.
No one from the state's attorney's office would speak with CBS News Chicago on camera, but they released a statement, writing, "As we argued in court today, the State's Attorney has repeatedly condemned the tactics used by the Trump administration and seen in Operation Midway Blitz. The CCSAO has taken proactive steps to ensure accountability, such as launching a first-of-its-kind protocol to support law enforcement investigations into federal agents and filing an amicus brief to prevent the deployment of the National Guard to Chicago. The petition seeking a special prosecutor is frivolous, contains baseless allegations and gross misrepresentations of the law. We are unable to comment further due to the pending litigation and will await the judge's decision on May 11."
The Trump Administration began their federal immigration crackdown, which they titled Operation Midway Blitz, in September 2025. In the months that followed, thousands of federal agents from U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection flooded the city, often in tactical gear and deploying heavy force against protesters, journalists, observers, and ordinary civilians as they carried out raids in neighborhoods, near schools and outside courtrooms.
Complaints about the overuse of force culminated in a federal judge issuing a permanent injunction against the immigration agents, prohibiting them from using tear gas and other riot control weapons, requiring them to issue warnings before force and riot control measures were used, and ordering them to both wear and use body-worn cameras.
The incidents also prompted Illinois legislators to pass a new law with additional protections for state residents against "unjust" federal immigration enforcement actions. Signed by Gov. JB Pritzker in December, the law banned civil immigration arrests at courthouses, and allows anyone falsely arrested around court a path to sue for up to $10,000 in damages.
The law also set up new guidelines and protections for residents at hospitals, universities and daycares, and allows people to file civil lawsuits against law enforcement officers who violate Illinois or U.S. constitutional rights.