O'Neill Burke Emails Reveal Federal Alliance Amid ICE Probe

Cook County State’s Attorney Eileen O’Neill Burke declined to publicly criticize the Trump administration before a sweeping federal immigration operation because she wanted to protect her “excellent working relationships” with federal law enforcement, according to newly filed court records.

The emails, cited in a 30-page court filing submitted Friday, form the backbone of an argument by a coalition of elected officials and community members that O’Neill Burke has a conflict of interest serious enough to warrant appointment of a special prosecutor. That prosecutor would investigate the federal agents behind Operation Midway Blitz, last fall’s deportation campaign that drew widespread condemnation from Chicago officials and immigrant advocacy groups.

“The State’s Attorney has an alliance with federal law enforcement that prevents her from taking action against the federal agents alleged to have committed crimes during Operation Midway Blitz,” the coalition’s lawyers wrote in the filing.

The case now sits before Cook County Circuit Judge Erica Reddick, the presiding judge of the court’s criminal division, who is set to hear arguments Friday. Her ruling could force the appointment of an outside prosecutor to pursue criminal allegations against U.S. Immigration and Customs Enforcement agents accused of misconduct during the operation.

O’Neill Burke’s office pushed back hard Monday.

“The petition seeking a special prosecutor is frivolous, contains baseless allegations and gross misrepresentations of the law, and will make it more difficult for the Cook County State’s Attorney’s Office to successfully do its job protecting the public,” the office said in a statement. A spokesperson also said O’Neill Burke is “horrified by the thuggish and inappropriate conduct of ICE agents in Chicago and elsewhere,” insisting her office’s inaction isn’t a sign of alliance with federal authorities.

The coalition’s filing points specifically to an Aug. 11 email sent by a member of the Justice Advisory Council. That email described an effort by Cook County Board President Toni Preckwinkle’s office to get O’Neill Burke to make a public statement against the Trump administration’s immigration enforcement posture. O’Neill Burke, according to the filing, declined because she didn’t want to damage those federal relationships.

That reluctance, the coalition argues, didn’t just reflect a cautious political calculation. It directly shaped how the State’s Attorney’s office responded once Operation Midway Blitz unfolded and allegations of agent misconduct surfaced.

The filing, as reported by the Chicago Sun-Times, represents the most detailed public accounting yet of what advocates say is a pattern of deference to federal agents that disqualifies O’Neill Burke from overseeing any investigation into the operation.

The special prosecutor bid has been brewing since at least March, when O’Neill Burke’s office rejected the initial petition, calling it a threat to “thwart” justice. That rejection prompted the coalition to build a broader factual record, resulting in Friday’s 30-page submission. The Cook County Circuit Court’s criminal division procedures allow for special prosecutor appointments when a sitting prosecutor is found to have a conflict preventing impartial action.

O’Neill Burke has been in office since 2024, when she won a hard-fought Democratic primary and general election on a platform that included protecting immigrant communities. Her current posture, critics say, contradicts that platform. Supporters counter that she can’t investigate what she can’t prosecute and that a special prosecutor would only create jurisdictional chaos that benefits no one in the end.

Bridgeport and Back of the Yards residents who lived through the Midway Blitz enforcement actions have been among the loudest voices at coalition meetings pushing for independent accountability. The operation affected neighborhoods across the Southwest Side, and community members have alleged agents conducted warrantless entries and used excessive force during arrests.

ICE has disputed those characterizations. The agency hasn’t publicly addressed the specific allegations raised in the special prosecutor petition.

Judge Reddick’s Friday hearing will be the most consequential courtroom moment in this dispute so far. O’Neill Burke’s office has promised a “comprehensive response” to the coalition’s filing, suggesting the hearing won’t be brief. Legal observers say Reddick has broad discretion to appoint a special prosecutor if she finds the evidence of conflict credible, or to dismiss the petition outright if she agrees with O’Neill Burke’s characterization of it as frivolous. The outcome will shape not just this case but the broader question of how far Cook County’s top law enforcement office will go to hold federal agents accountable when their interests align.