Accountability Commission refers federal agents for investigation,
possible prosecution for conduct last fall
[May 01, 2026]
By Maggie Dougherty
CHICAGO — A state board unanimously voted Thursday to approve a 204-page
report detailing its investigations into misconduct by on-duty federal
immigration agents amid Operation Midway Blitz.
It is also sending letters to local law enforcement agencies for
potential prosecution of the agents. The letters are not determinations
of guilt, but requests for further investigation by the relevant
agencies.
“Where that record establishes reasonable cause to believe that
misconduct may have occurred, we implore those responsible to ensure
that this information is reviewed and that it is handled in an
appropriate fashion,” said Patricia Brown Holmes, vice chair of the
body.
The Illinois Accountability Commission, created by Gov. JB Pritzker
through executive order last October, was tasked with forming a public
record to document the impact of the federal immigration campaign on
Chicago communities, but also to produce recommendations for harm
reduction and prevention of future abuses.
To inform its report, the commission conducted 16 investigations for
which it interviewed over 60 people, reviewed nearly 100 hours of body
camera footage from 250 videos, and reviewed hundreds of hours more of
footage from security cameras, personal devices and social media,
according to commission officials.
It also held seven private neighborhood listening sessions and five
public hearings, featuring testimony from law enforcement experts,
community advocates and everyday Chicagoans.
“Documenting this was easy,” Commission Chair Rubén Castillo said. “The
record is overwhelming; the video tapes are overwhelming. They’re
devastating. They’re shameful. They’re brutal.”
Prosecution referrals
One of the referrals letters names Border Patrol agents Benito Nuñez,
Carlos Chavira and Jesus Guillen, who the commission said used an
intentional, high-speed car-ramming maneuver in Chicago’s East Side
neighborhood after being repeatedly instructed to stop by supervisors.
Body camera footage released by the commission shows the agents
proceeded to use teargas on a street of onlookers in the Far Southeast
Side neighborhood, including more than a dozen Chicago police officers
who had explicitly asked agents not to deploy the gas.
Others name Border Patrol agent Charles Exum, who shot Chicago teacher’s
aide Marimar Martinez five times last October and then bragged about it
over text, and Border Patrol agent Timothy Donahue, who made headlines
for aggressive conduct in Evanston last Halloween.
Donahue and his partner, agent Thomas Parsons, are accused of denying
medical care to a man they violently arrested that day in Evanston. The
pair also showed up in the commission’s report on a Little Village raid
where they are accused of conducting “roving raids” based on race rather
than targeted evidence of wrongdoing.
In some cases, the commission was unable to identify specific agents
involved. For example, a military-style raid on a South Shore apartment
building references approximately 300 agents who may have broken agency
policy or criminal law.
In total, the incidents reviewed by the commission identify 16 agents by
name but refer to hundreds more in the abstract.
The commission says that’s due to its limited powers, which do not
include the authority to issue subpoenas. That’s why it says law
enforcement agencies should carry forward the cases, including the Cook
County state’s attorney’s office.
The commission’s materials were transmitted to the Cook and Kane County
state’s attorneys offices, as well as the Chicago, Evanston, Franklin
Park and Elgin police departments.
Disputed path forward
Cook County State’s Attorney Eileen O’Neill Burke has drawn fire for her
inaction investigating crimes of federal agents, and a Cook County judge
is currently reviewing arguments on a petition to appoint a special
prosecutor to lead these investigations in her place.
Under Illinois law, special prosecutors can be appointed to oversee a
particular case when a state’s attorney has a conflict of interest.
Petitioners in the case have argued that O’Neill Burke has a conflict of
interest due to a “political alliance” with federal law enforcement. A
ruling on the special prosecutor case is expected May 11.
Castillo, in his personal capacity, is a member of that coalition
seeking a special prosecutor.
“We need courage, and we need a state’s attorney with courage, or if
not, she should step out of the way,” Castillo said. “I say that
plainly, and I say that on the basis of 25 years of being a judge.”
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The Illinois Accountability Commission Vice Chair Patricia Brown
Holmes announced on April 30, 2026, that the commission is sending
referral letters to appropriate law enforcement agencies for
investigations of federal agents where the commission has determined
reasonable cause to believe those agents violated agency policy,
state or federal criminal law, or individual human rights. (Capitol
News Illinois photo by Maggie Dougherty)
The state’s attorney’s office, though, has said that its authority is
limited and that O’Neill Burke has avoided prosecutions or making
“political statements” about ICE enforcement to mitigate the risk of
those prosecutions being overturned on appeal.
According to O’Neill Burke’s office, statute prevents the office from
prosecuting cases before it receives a completed investigation from a
law enforcement agency. To date, it says no local agencies have brought
cases against any on-duty immigration officials.
However, the office now says it looks forward to receiving the report
and will review it with local law enforcement partners.
“There is no doubt that Operation Midway Blitz has traumatized and
harmed our communities,” the office said in a statement, adding that it
commended the bravery of witnesses who shared testimony with the
commission.
The commission was asked Thursday whether it has considered referring
cases directly to Illinois Attorney General Kwame Raoul as an
alternative.
However, for cases to reach Roaul’s desk, it would require that the AG’s
office be invited onto the case by the relevant state’s attorney. The
practice is not common and generally only occurs when there is a
conflict of interest or when the case is complex enough to require
additional resources.
In Springfield, Republican lawmakers have called for amending state law
to increase coordination between local law enforcement and federal
immigration officials, arguing that greater cooperation could have
lessened the impact of Midway Blitz.
Sen. Chapin Rose, R-Mahomet, on Thursday called for repealing much of
the state’s TRUST Act, which prohibits law enforcement from working with
federal immigration agents in civil immigration cases. He appeared
alongside Joe Abraham, the father of 20-year-old Katie Abraham, who was
killed last year in a drunken driving accident in Urbana by a Guatemalan
man residing in the U.S. without legal status.
“No family should ever have to experience this kind of loss,” Abraham
said. “If speaking out can help prevent even one family from going
through this pain, then it’s worth it. Public safety should come first,
and law enforcement agencies should be able to work together to stop
dangerous criminals before more innocent lives are lost.”
‘It could have been her’
Members of the commission shared personal reflections on the body’s work
after voting to approve the report, with many saying they were
especially moved by the testimony shared by Marimar Martinez.
“This young woman looks just like my daughter. Like that could have been
my daughter. Another American citizen. … Same color hair, same
complexion,” Commissioner Ric Estrada said, appearing emotional. “And it
was just on my mind. I’m like, ‘that could have been her.’ It should be
no one.”
It was a sentiment shared by other commissioners, with Commissioner
Cindy Sam calling Martinez’s testimony “overwhelming” and “hard to
listen to.”
The work also struck close to home, literally, for Commissioner Jimmy
Arce, who said his parents live only two blocks from the location where
Border Patrol agents shot Silverio Villegas Gonzalez, the only fatality
at the hands of on-duty federal agents that occurred in Chicago during
the immigration enforcement campaign.
Commissioner Aurora Austriaco, an immigrant and naturalized U.S. citizen
herself, became tearful when speaking, saying she related personally to
the accounts shared by witnesses.
Commissioners said they hoped other states would follow Illinois’ lead,
calling it an example for the nation.
“The issuance of this report is not the end, it is the beginning,”
Castillo said. “We need a reckoning to occur.”
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