Chicago judge denies request for special prosecutor for Operation Midway Blitz investigations
A Chicago judge denied a request to appoint a special prosecutor for investigations into federal agent misconduct during Operation Midway Blitz last fall.
A group of hundreds of politicians, community activists and religious leaders had asked for a special prosecutor to investigate allegations of misconduct against U.S. Customs and Border Protection and U.S. Immigration Enforcement agents during the federal immigration crackdown in Chicago.
They argued Cook County State's Attorney Eileen O'Neill Burke worked too closely with federal agencies to bring cases against them, and had abandoned her duty to investigate the actions of federal immigration agents.
O'Neill Burke denied any conflict of interest, and her team argued, "Illinois law simply does not permit prosecutors to initiate criminal investigations and bring prosecutions because the general public and elected officials would like them to."
The judge ruled the petitioners did not prove the state's attorney abandoned her duty to investigate federal agents, nor did they prove she had a conflict of interest. The judge said an allegation of a relationship with law enforcement is not enough to establish a conflict of interest.
"We are all very concerned about the behavior of ICE agents. That doesn't change based on a meritless petition being filed here," O'Neill Burke said after court Thursday.
The group that called for the special prosecutor is not giving now; they're now putting pressure on local police to investigate potential crimes by federal officers, including the shooting of Marimar Martinez.
"The road to accountability just got longer, but it still exists," said Ruben Castillo, chair of the Illinois Accountability Commission.
The judge did say the allegations of criminal wrongdoing by federal agents against Chicagoans during Operation Midway Blitz "compelling" and "unprovoked," and said the court has protocol for these allegations that was not followed.
"All of these victims, including Ms. Martinez, who was shot five times, all these children, their parents who were tear-gassed, police officers who were tear-gassed, they're going to go to police stations and they're going to file complaints," said Castillo.
"We will be knocking on their doors. We will insist on investigations. We will insist that those investigations take place with effectiveness," said attorney Locke Bowman with Loevy & Loevy.
O'Neill Burke said law enforcement has not brought a single case from Operation Midway Blitz to her office.
"Cases don't get better with age," she said. "That is – witnesses go away, and you know, evidence on the ground goes away, absolutely, and that's an issue you should bring up with law enforcement."
Illinois State Police recently began an investigation into the fatal shooting of an undocumented father by ICE agents in Franklin Park, Illinois, in September 2025.
The state's attorney said she will review any case brought to her desk, and this group said they will hold her to it.
"We will expect that, pursuant to her protocol, the Cook County State's attorney undertake the appropriate next step," said Bowman.
After the ruling, CBS News Chicago reached out to several law enforcement agencies, including Chicago police, to ask how they may handle the influx of complaints, and whether they have referred any cases to the state's attorney. We have not heard back.
