Chicago City Wire

Last week the Cook County Board pulled off a little publicized move allowing public defenders to represent illegal aliens in immigration courts beyond the jurisdiction of the county. 

The Board passed the resolution on Feb. 6—the same day the Trump administration announced lawsuits targeting the Illinois Trust Act, and Chicago’s Welcoming City Ordinance. These sanctuary laws bar local authorities from notifying federal agents of the whereabouts of illegal immigrants, including criminals. 

Commissioner Sean Morrison (17th), the only “no” vote on the resolution, took to X to express his frustrations.   

“I strongly object to the idea of using Cook County government resources beyond our jurisdiction,” Morrison said in a February 6 post on X. “This is fundamentally unfair to the hardworking taxpayers of Cook County, who should not be burdened with funding legal representation outside our county lines.”

He added that “beyond the financial irresponsibility, this measure runs counter to federal law regarding the removal of criminal illegal migrants. The primary duty of our government should be to protect our own citizens — ensuring public safety and preserving limited financial resources. This should never be a controversial position.”

According to the Board of Commissioners' website, the state law outlining public defenders' duties now reads: “In counties with a population over 3,000,000, [Cook County] the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.”

One former assistant state’s attorney (ASA) called the move “outrageous.”

“Not the role of the public defender,” the former ASA, who asked to remain anonymous, said in an email. “They represent indigent people in criminal cases on which they are appointed by a judge. First, there is no case on which they could be appointed. So there's no Judge to appoint them.”

A county spokesperson did not return a request for comment from Chicago City Wire about the additional costs associated with funding the new initiative. 

In addition to his post on X, Morrison released a statement after the vote. 

“The primary responsibility of any government is to ensure the safety and security of its citizens,” Morrison wrote on Feb. 6.  “By not aligning with federal immigration enforcement efforts, our local jurisdictions are inadvertently allowing undocumented individuals who have committed crimes to remain on our streets. This not only endangers our residents but undermines the rule of law.”