The Law Office of the Cook County Public Defender and 13 criminal and civil legal aid and social services organizations, including nine specializing in serving survivors of domestic and sexual violence, formally petitioned the court today.
Chicago, IL – Today, the MacArthur Justice Center, on behalf of 13 legal services organizations in Cook County, including domestic violence advocacy organizations, joined the Law Office of the Cook County Public Defender, in submitting a petition asking the Chief Judge of the Circuit Court of Cook County to issue a General Order enforcing the common law privilege barring civil arrests in and around courthouses.
Everyone has the right to access courts without fear or intimidation–regardless of their immigration status. Social and legal service organizations, such as Mujeres Latinas en Acción, Ascend Justice, and Life Span, have expressed grave concern over their clients being unable to attend court out of fear of Immigration and Customs Enforcement (ICE) stalking the court grounds. As a result of ICE’s intimidation tactics and arrests at Cook County courthouses, Petitioners’ clients have abandoned orders of protection against abusers and declined to appear in court on domestic violence cases. Criminal defense attorneys have noted that clients facing even minor traffic matters refuse to go to court out of fear.
The Petition asks the Chief Judge to bar civil arrests without a judicial warrant or judicial order in and near courthouses, including in public entryways, driveways, sidewalks, parking areas, and close transportation points.
MacArthur Justice Center
“As ICE’s aggressive enforcement operations continue in Chicago and surrounding suburbs, we call on the Chief Judge to use his administrative authority to protect the court system and the people of Cook County. In our democracy, everyone has a right to access the courts without fear or intimidation,” said Alexa Van Brunt, attorney and director of the MacArthur Justice Center’s Chicago office. “Survivors of domestic violence should not be forced to choose between protecting their safety and the safety of their family and possible deportation. A General Order is essential to preserve the administration of justice in Chicago.”
Law Office of the Cook County Public Defender
“These arrests should be concerning to anyone who cares about justice and transparency,” said Cook County Public Defender Sharone R. Mitchell, Jr. “Federal agents conducting arrests in our courthouses on civil warrants has had a profound chilling effect on trust in our legal system and has hurt the public’s ability to feel safe in seeking out the services of the circuit court. The methods employed by federal agents while conducting their arrests, including wearing masks and refusing to identify their agencies, also puts judges, attorneys, court employees and members of the public at great risk to their personal safety.”
Life Span
“These courthouse arrests literally put lives at stake,” said Amy Fox of Life Span, which provides comprehensive services for domestic violence survivors and children. “This is precisely the kind of intimidation that dissuades survivors from seeking safety. Access to court is vital in cases of domestic and sexual violence because it provides a mechanism for safety, accountability, empowerment, and justice. Many of our clients have had to drop their existing civil order of protection cases, losing lifesaving protections for them and their children.”
As one of the Petitioners, Mujeres Latinas en Acción, described the impact on their organization:
“As a community-based organization serving Latinas, survivors, and immigrant families across the Chicago area, Mujeres Latinas en Acción witnesses every day the harmful impact immigration enforcement has on community safety and family well-being. Survivors and their families—many of whom are immigrants and/or live in mixed-status households—have shared with our court advocates a growing fear of engaging with the court system due to the threat of ICE.
“Recent ICE presence at courthouses and shelters, spaces where survivors and their families are following the law and desperately seeking a sense of safety, is resulting in survivors retreating further into silence—and danger. Survivors are increasingly afraid to seek orders of protection, appear in court, or call the police when they or their children are at risk. Solving and reducing crime will not happen if people fear interacting with police.
“This climate of fear diminishes trust in the justice system, isolates survivors, and creates additional barriers to safety, healing, and justice.”
Additional examples from organizations representing immigrant communities, domestic violence survivors, and other community groups will be available at the press conference at 10 a.m. CT on Wednesday, October 1st, at the Cook County Domestic Violence Courthouse at 555 W Harrison St.
For more information or to speak with an expert, please contact media@macarthurjustice.org or pd.media@cookcountyil.gov