Kane County State’s Attorney Jamie Mosser has asked Elgin police to further investigate two complaints filed in a Dec. 6 U.S. Immigration and Customs Enforcement operation at which bystanders were pepper-sprayed.
While she wouldn’t confirm the incidents involve ICE agents or that charges would be filed, she did say the cases center on aggravated battery and criminal trespass to a residence.
“There’s more investigation that definitely needs to happen,” Mosser said.
She also said she would like to propose amendments to the state’s TRUST Act, which right now prevents local police officers from intervening in cases involving ICE agents.
Elgin police received 11 complaints stemming from an ICE operation Dec. 6 in which a car crash occurred when they tried to take a man into custody. That man was able to flee their vehicle and barricaded himself inside an apartment on Maple Lane, where a six-hour standoff ensued and a large group of protesters gathered.
After the incident was resolved, ICE released a statement alleging the man was a member of a Venezuelan gang, something his family disputes, and the U.S. Department of Homeland Security issued a news release in which they accused Elgin police of not protecting agents from protestors throwing “rocks and bottles.”
Police responded with a statement in which they said they found no evidence ICE agents were attacked after reviewing the body camera videos shot by police officers at the scene but did have footage of agents throwing pepper gas into the crowd. There was one video in which protestor threw a water bottle at an ICE vehicle as it drove away, the statement said.
Mosser said a decision on charges will be made after additional investigatative work is done, possibly by the end of the year.
The state’s attorney’s office can file charges anytime a state crime is committed, regardless of whether it involves a protestor or an ICE agent, she said. While she’s not heard of any cases being filed against federal immigration agents, she will not hesitate to pursue a case if she believes they have evidence of a federal agent violating the law, she said.
“It would just be the right thing to do. It doesn’t matter your position. You cannot violate state law,” Mosser said.
The difficult part of such a prosecution is determining an agent’s identity since most are masked and not required to identify themselves, she said.
If charges are filed, her office would need cooperation from the federal government, Mosser said. A “John Doe” case might have to be filed and a federal supeona issued to obtain the person’s identity, she said.
“It would be me going against the federal government essentially,” Mosser said.
That’s a role she’s not afraid to take on, she said.
“If we have to do this to make sure justice is done, I wouldn’t have any problem doing it,” Mosser said. “I would hope there would be that level of cooperation because I don’t believe the federal government would condone this type of behavior.”
She knows many communities, including Elgin, have passed ordinances and resolutions limiting federal immigration access to city property and urging the state to take more action, she said.
“A lot of the legislation (proposed) has been for political purposes and has very little effect on being able to do anything for what ICE is doing,” Mosser said. “Unfortunately, it’s been politics at this point instead of what’s the reasonable, ethical thing to do to protect people.”
The TRUST Act needs to be amended because it’s tying local police officers’ hands, she said. Passed in 2017, it prohibits local and state officers from interfering or helping ICE agents but allows them to assist in a limited capacity if a criminal warrant is involved, she said.
Mosser is drafting proposed changes but wants input from local law enforcement officials since they are the one who would benefit, she said.
“I think it would be great to amend the TRUST Act to allow more cooperation between ICE and local law enforcement to protect everybody,” Mosser said.
It’s sometimes hard for the public to understand how the TRUST Act limits a police officer’s role, she said, but police officers are “doing exactly what the state statute mandates.”
Local police need to be able to keep the peace and make sure everyone is safe, she said. This can include creating perimeters so protesters can express themselves without creating potential confrontations with ICE.
“We want to be able to de-escalate,” Mosser said.
One thing she would like to see is federal agents being required to contact local law enforcement about when and where they are doing immigration enforcement so local police can set up a perimeter and protect anyone who gathers, she said.
Mosser also recommends local law enforcement have a point of contact for ICE to provide information about what’s happening with its operations.
“I hope it’s something our legislators can take up and protect everyone, the protestors, the agents and law enforcement who are there,” she said.
Whether there is enough “political will” to amend the act may be the question, Mosser said.
“I know our local law enforcement would be grateful to be able to keep the peace in our communities,” she said. “We don’t want to see violations in Kane County or anywhere, so let’s work together to make sure our community is safe for everyone.”
Gloria Casas is a freelance reporter for The Courier-News.