The commission Gov. JB Pritzker appointed to investigate what happened when federal immigration agents descended upon the Chicago area last year has wrapped up its investigations and is making state and federal recommendations. But before federal agents could face charges, more steps have to be taken.
“(Our) findings contain repeated patterns of excessive and unconstitutional uses of force, unlawful stops and arrests,” said Judge Rubén Castillo, the chair of the Illinois Accountability Commission.
The commission, which is made up of prosecutors, attorneys and immigration experts, put together a 200-page report examining the Trump administration’s Operation Midway Blitz. They investigated 16 incidents from Chicago, Franklin Park, Elgin, Evanston and Melrose Park, reviewing more than 100 hours of body camera video, surveillance video and bystander recordings.
On Monday and Tuesday, witnesses testified before the commission about their encounters with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection agents. On Thursday, the commission sent its final report to Pritzker.
Some of their top recommendations:
-Federal agents shouldn’t wear masks or try to otherwise hide their identities.
-Federal agents shouldn’t deploy tear gas without prior warnings.
-All agents should make sure their body cameras are activated.
-The federal government should discipline agents who commit misconduct.
“There has to be accountability. There has to be accountability for the seizures of citizens. There has to be accountability for the tear gassing that occurred,” Castillo said.
A spokesperson for the Department of Homeland Security called the commission’s report a “political stunt by Illinois sanctuary politicians.” The spokesperson also said federal officers should only be investigated by other federal agencies, not by a state.
About a half dozen agents are specifically named in the report. The commission members admit it’s unlikely the U.S. Department of Justice will investigate the agents’ actions, and it’ll be difficult to get Congressional Republicans on board. So, the commission referred its report to local state’s attorneys and police departments.
“The referral is not intended to say, ‘You must prosecute.’ It is a set of evidence that they should be investigating,” Pritzker said. “There are things that this commission didn’t have the power to do that police nevertheless do to investigate, to compel people.”
Cook County State’s Attorney Eileen O’Neill Burke’s office said it takes any reports of harm seriously, but before any charges could be filed, there would have to be a completed investigation from a law enforcement agency.
The evidence examined by the commission couldn’t be used in court in its current state. However, Castillo noted that much of what they examined is video, some of which has already been used in court.
“I would say to State’s Attorney Burke, if she doesn’t want to investigate, step aside. Step aside and let a special prosecutor come in and do what needs to be done,” Castillo said.
Her office also doesn’t have the power to subpoena federal officials. She can request federal officials turn over evidence or witnesses, but if it’s up to them to decide whether to comply.
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