Feds face no charges one year after Midway Blitz
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Nearly one year after the launch of Operation Midway Blitz — which found Chicagoans shot, killed, beaten, tear-gassed, fired on and apprehended by DHS agents — not a single federal officer has faced charges for on-duty activities.
Why it matters: This lack of accountability can contribute to hopelessness among residents and a feeling of impunity for federal agents.
State of play: Local officials and advocacy groups have launched several efforts aimed at accountability, but none have yet led to charges or restitution. These efforts include:
- Illinois Accountability Commission, which released reports and dossiers of potential cases earlier this year.
- ICE on Notice, a mayoral executive order requiring Chicago police to document federal agent activity, ensure body cams are on, identify supervisors, summon emergency help for the injured and report any illegal activity by agents.
- The ICE Accountability Project led by former Mayor Lori Lightfoot.
- A lawsuit filed by Lakeview resident Leo Feler, whose home was entered last fall without permission by DHS agents who apprehended workers installing windows and allegedly damaged property.
- A civil lawsuit filed by Ald. Jessie Fuentes, who was grabbed, handcuffed and moved out of a hospital in her ward after asking DHS agents if they had a warrant to arrest a man they were apprehending.
Context: While federal agents acting in the line of duty have broad immunity under the federal Supremacy Clause, local officials like Lightfoot have noted that agents can still be prosecuted for unreasonable or unlawful conduct.
Against this backdrop, Cook County State's Attorney Eileen O'Neill Burke has published a protocol for potential prosecution but stresses she can only act after a law enforcement agency investigates and then refers a case to her.
- No one has done so yet.
- But even if she did prosecute an agent, the case could be moved out of her hands and into federal court.
The latest: The mayor's office tells Axios that Chicago police are actively investigating the cases detailed in nine police reports filed last month by plaintiffs, including Marimar Martinez, who was shot five times by DHS agent Charles Exum.
- Illinois State Police have been investigating the fatal shooting of Silverio Villegas-González by ICE agents in Franklin Park since May, but they tell Axios that they don't know when they may finish and refer it to Burke's office.
What we're watching: If and when ISP or CPD refer cases to Burke and what she does with them.