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.
