Why It Matters
A high-stakes legal dispute in Illinois is drawing national attention as a Cook County judge prepares to hear arguments over whether a special prosecutor should be appointed to investigate alleged civil rights abuses committed by federal immigration agents during a sweeping enforcement operation last fall. The outcome of this case could set a significant precedent for how state and local courts interact with federal immigration enforcement authority.
The case raises fundamental questions about accountability for federal agents operating on state soil — and whether state prosecutors have the legal standing or obligation to pursue charges when those agents are accused of misconduct.
What Happened
Civil rights attorneys at Chicago-based law firm Loevy & Loevy filed a petition seeking the appointment of a special prosecutor to investigate and potentially charge federal immigration agents over alleged abuses carried out during “Operation Midway Blitz,” a large-scale federal immigration enforcement action that took place in the Chicago area last fall.
Partners Locke Bowman and Steve Art of Loevy & Loevy spoke to reporters outside the Cook County criminal courthouse on Tuesday, March 24, 2026, following developments in the ongoing case. A Cook County judge is expected to hear formal arguments on the petition next month.
Cook County State’s Attorney Eileen O’Neill Burke pushed back forcefully in a new legal filing submitted Tuesday, describing the demand for a special prosecutor as “baseless, frivolous and contrary to law.” O’Neill Burke warned that even if the petition were granted and charges were brought against federal agents, those charges would likely collapse on appeal — an outcome she argued would ultimately undermine the very accountability goals the petition aims to achieve.
O’Neill Burke has maintained for months that her office operates under significant legal constraints when it comes to investigating federal agents, stating that her prosecutors can only open such investigations following a formal request from law enforcement, and that charging federal agents presents serious jurisdictional complications under existing law.
By the Numbers
- 1 petition seeking appointment of a special prosecutor has been filed in Cook County court by civil rights attorneys.
- Fall 2025 — the approximate timeframe during which “Operation Midway Blitz” was carried out in the Chicago metropolitan area.
- April 2026 — the scheduled timeframe for a Cook County judge to hear formal arguments on the special prosecutor petition.
- 2 lead attorneys from Loevy & Loevy, a prominent Chicago civil rights firm, are spearheading the petition on behalf of affected individuals.
- 0 charges have been filed to date against any federal immigration agents involved in the operation, according to publicly available court records.
Zoom Out
The Illinois dispute is unfolding against a broader national backdrop of intensifying tension between local governments and federal immigration enforcement. Since 2025, federal immigration operations have expanded significantly in major metropolitan areas across the country, prompting legal challenges in states including New York, California, and Massachusetts.
The use of special prosecutors to investigate federal law enforcement officials at the state level is relatively rare, and courts have historically been cautious about allowing state-level charges against federal agents performing official duties — a doctrine rooted in federal supremacy principles established in cases dating back to the 19th century. Legal scholars have noted that while the path is narrow, it is not entirely closed, particularly when agents are accused of conduct that falls outside the scope of their lawful authority.
Chicago has long been a focal point in the national debate over immigration enforcement, given its status as a sanctuary city and the ongoing friction between Cook County officials and federal immigration authorities. The Loevy & Loevy firm has a track record of high-profile civil rights litigation, including cases involving Chicago Police Department misconduct.
What’s Next
A Cook County judge is expected to schedule a formal hearing on the special prosecutor petition next month, where both sides will present their legal arguments. The court will then determine whether the statutory requirements for appointing a special prosecutor have been met under Illinois law.
If the petition is denied, civil rights attorneys may pursue other legal avenues, including federal civil rights lawsuits against individual agents or the agencies involved. If the petition is granted, any appointed special prosecutor would face the immediate challenge of building a criminal case that could survive jurisdictional scrutiny at the appellate level — a hurdle that State’s Attorney O’Neill Burke has already flagged as a central obstacle.
The case is expected to continue drawing significant media and legal scrutiny as it moves toward a hearing, with implications that could extend well beyond Illinois.