Chicago Criminal Lawyer Blog
How Immigration Enforcement Collides with Illinois Criminal Law
In Chicago’s busy criminal courts, confusion often arises when people hear that ICE “has a warrant.” I’ve spent decades defending clients across Cook County, and many were shocked to learn that what officers called a “warrant” was actually a detainer request. The difference isn’t technical—it determines whether your rights were violated and whether you can legally be held in jail.
Illinois criminal law defines how warrants must be issued and executed. Under 725 ILCS 5/107-9, a judge must find probable cause and sign the document. A warrant authorizes a lawful arrest or search. An ICE detainer, on the other hand, is a civil administrative notice from Immigration and Customs Enforcement asking local officials to keep someone in custody for up to 48 hours beyond their scheduled release. It is not signed by a judge and carries no judicial authority under Illinois or federal criminal law.
In Cook County, DuPage County, Will County, and Lake County, I’ve seen both types of paperwork. When a local agency treats an ICE detainer as a criminal warrant, it crosses constitutional lines. Chicago’s Welcoming City Ordinance and the Illinois TRUST Act (5 ILCS 805/15) prohibit local police from enforcing federal immigration law or holding anyone solely for civil immigration reasons. Despite these clear rules, errors still occur—especially when jails interface with federal databases during booking.
Why Chicago’s Local Policies Matter
Chicago operates one of the nation’s largest jail systems, and every fingerprint taken there is shared with the FBI and Homeland Security. That’s how ICE learns who is in custody. Once ICE issues a detainer, confusion begins. Jail officers may believe they’re required to honor it, even though Illinois law says otherwise. I’ve represented clients whose families waited outside the Cook County Jail for hours after bond was posted, only to learn the person was being held “for ICE.”
That extra time in custody can have devastating effects. Even if the state case is dismissed, ICE can arrive within the 48-hour window and start removal proceedings. Without a Chicago criminal defense lawyer who knows how to respond, defendants risk being transferred to a federal detention center before they’ve had a fair chance to defend the criminal case itself.
The Legal Framework: Federal vs. State Authority
A true criminal warrant comes from a judge—either in state court under the Illinois Code of Criminal Procedure or in federal court under the Federal Rules of Criminal Procedure, Rule 4. Administrative ICE warrants (Forms I-200 or I-205) are signed by immigration officers, not judges. They authorize ICE agents, not local police, to take custody of a person suspected of violating civil immigration laws.
Illinois courts have repeatedly held that local law enforcement lacks authority to detain people solely on these administrative warrants. Doing so violates the Fourth Amendment and Article I, Section 6 of the Illinois Constitution. That means any evidence or confession obtained while someone is unlawfully held can be suppressed.
How Criminal Cases Begin and Where Immigration Issues Arise
A criminal case in Illinois usually begins with an investigation by local police or a state agency. Once officers gather evidence—such as witness statements, camera footage, or forensic tests—they may request an arrest warrant from a judge. The person is then booked, fingerprinted, and brought before a judge within 48 hours for a bond hearing.
At that point, federal agencies have access to your biometric data. If ICE believes you may be removable, it sends the jail a detainer request. The state court judge might know nothing about it. Even if I secure your release or dismissal, the ICE paperwork could keep you in custody. My role is to challenge that immediately through motions citing the TRUST Actand constitutional protections.
The Role of Evidence in Both Processes
Law enforcement in Chicago relies heavily on technology: body-worn cameras, surveillance networks, license-plate readers, and forensic labs. When ICE gets involved, agents often compile immigration records, travel history, or prior deportation documents to support their detainer. A defense attorney must review every piece of evidence to determine whether it was lawfully obtained and whether the detainer was issued properly.
For example, if a traffic stop in the Near West Side led to a drug charge under 720 ILCS 570/402, I would examine whether the stop met constitutional standards. If the evidence was collected unlawfully, I would move to suppress it. The same principle applies to ICE cooperation—if your detention extended beyond lawful limits, that too becomes a defense.
Penalties Under Illinois Law and Their Immigration Impact
Illinois law divides offenses into misdemeanors and felonies. Misdemeanors can mean up to a year in the county jail; felonies can carry multi-year prison terms. Yet for non-citizens, the real punishment often comes later. A simple conviction for theft under 720 ILCS 5/16-1 or domestic battery under 720 ILCS 5/12-3.2 can qualify as a “crime involving moral turpitude,” triggering deportation. A conviction for an aggravated felony such as burglary or drug delivery can result in mandatory removal under 8 U.S.C. § 1227.
Because of this overlap, I often structure plea negotiations to protect my client’s immigration future. A plea to a non-deportable offense—like disorderly conduct or simple possession—may keep a person legally eligible to stay in the U.S. even after resolving the criminal case.
A Realistic Example from Chicago’s Northwest Side
A client living in Jefferson Park was arrested for aggravated battery after a bar fight. The prosecutor charged him under 720 ILCS 5/12-3.05. During booking, ICE flagged a prior visa overstay and issued a detainer. My client’s family posted bond, but the jail refused to release him.
I immediately filed a motion citing the Illinois TRUST Act, arguing the jail had no authority to hold him absent a judicial warrant. The judge ordered release, finding the detainer non-binding. I then focused on the criminal case, showing through surveillance footage that my client acted in self-defense. The charge was dismissed. Without quick action, that man could have been transferred to a detention center in Kenosha before we proved his innocence.
Why a Criminal Defense Lawyer Makes the Difference
Every criminal case in Illinois is stressful; adding immigration complications magnifies the risk. A Chicago criminal attorney who understands both systems can intervene early—before ICE involvement escalates. At bond hearings, I often request language in the court order clarifying that the client should not be held beyond lawful release time. I also coordinate with immigration counsel to anticipate potential federal actions.
Defendants without counsel frequently remain in custody far longer than necessary. Some are transferred out of state, separated from family, and lose the ability to appear in their criminal court dates. That mistake can turn a manageable misdemeanor into a felony failure-to-appear charge.
Key Legal Defenses in ICE-Related Criminal Cases
Common strategies include:
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Challenging unlawful detention — proving that the hold violated state or federal law
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Suppressing evidence — excluding everything obtained during an illegal seizure
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Attacking probable cause — arguing the warrant or stop lacked factual basis
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Negotiating pleas — crafting dispositions that avoid deportable convictions
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Filing habeas petitions — forcing release when detention exceeds statutory limits
Each defense must be tailored to your case facts and filed within Illinois procedural timelines under 725 ILCS 5/103-5.
Qualities to Look for When Hiring a Chicago Criminal Lawyer
You should expect direct communication, courtroom experience in multiple counties, and familiarity with both Illinois criminal law and immigration consequences. The best defense lawyers keep clients informed, file motions promptly, and personally appear at every hearing rather than sending associates who know little about the file. My practice emphasizes accessibility—I answer calls personally, day or night—because a client’s liberty can depend on minutes.
Questions to Ask During Your Consultation
Ask whether the attorney has handled cases involving ICE detainers. Inquire about success challenging unlawful holds, trial experience in Cook County’s felony courts, and how they coordinate with immigration lawyers. Transparency about strategy and fees matters. A trustworthy lawyer will explain what to expect, not promise guaranteed outcomes.
Frequently Asked Questions About ICE Detainers and Warrants
Can an ICE detainer keep me in jail after my case ends?
Only if the jail chooses to honor it. Under the Illinois TRUST Act, local facilities may not detain individuals solely on a civil immigration request. Your lawyer can demand release or seek a court order enforcing the law.
Is an ICE detainer the same as an arrest warrant?
No. A criminal warrant comes from a judge; an ICE detainer is an administrative notice. Detainers lack judicial approval and do not authorize local police to arrest you.
What happens if I post bond but ICE shows up?
ICE agents can take custody if they arrive before your release. However, your attorney can file emergency motions to enforce state law and prevent unlawful detention.
Do Chicago police cooperate with ICE?
Generally, no. The city’s Welcoming City Ordinance limits cooperation, and officers are trained not to enforce immigration law. Misunderstandings still occur, so having counsel is vital.
Will a misdemeanor affect my immigration status?
It can. Some misdemeanors are considered crimes of moral turpitude under federal law. A lawyer can often negotiate a plea that avoids deportable consequences.
Can ICE enter my apartment without permission?
Only with a judicial warrant signed by a judge or with your consent. Administrative warrants from ICE officers are not enough.
What should I tell police if they mention ICE?
Stay calm, provide identification if legally required, and state that you wish to remain silent until you speak with your attorney.
How does the Law Offices of David L. Freidberg handle these cases?
We combine decades of Illinois criminal defense experience with knowledge of immigration-related enforcement. Every case receives direct attention from an attorney—not a paralegal—ensuring immediate action when detainers arise.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
