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Cook County Board approves allowing Public Defender to represent residents in immigration courts outside Chicago after heated debate
Summary
The Cook County Board voted to authorize the county public defender to represent Cook County residents in immigration proceedings held outside the Chicago immigration court. Supporters said the change protects due process for residents; opponents raised legal and fiscal questions. The motion passed with one named dissent.
The Cook County Board of Commissioners on Feb. 5 approved a resolution authorizing the Cook County Public Defender to represent Cook County residents in immigration court proceedings held outside the Chicago immigration court.
Vice Chair Bill Lowery moved the measure (item 25-12-08), which drew extended debate about the scope of county authority and whether the county should deploy resources in other jurisdictions. "Every resident of the United States is entitled to due process and is protected under our Constitution," Commissioner Alma Quesada said while explaining her cosponsorship and support for expanding the public defender's immigration unit.
Opponents raised questions about legal authority and the use of county resources. "I do have a concern as to the utilization of county resources outside of Cook County," Commissioner Sean Morrison said, asking whether the county had precedent and whether the charter allowed such actions. Cook County General Counsel Laura Lehi responded that state statute permits the board to authorize the public defender to operate outside the Chicago immigration court if the board so votes. "Currently the ordinance allows the public defender to represent county residents in the Chicago immigration court and state statute permits this board to approve it elsewhere," Lehi said.
Sherone Mitchell, Cook County public defender, told the board the change did not mean sending attorneys across the country to represent cases in person. "We are talking about folks that have ties to Cook County," Mitchell said. "Those cases could be heard in areas outside of Chicago immigration court. We are talking about folks that have ties to Cook County whose court case based upon decisions made by the administration might move to different courts across the country." Commissioner Britton, who spoke in support, said the public defender's immigration unit currently includes four attorneys and said the change was a targeted response to clients whose cases arise from Cook County matters.
After discussion and requests to be added as cosponsors, the board voted. The motion carried; the clerk recorded Commissioner Sean Morrison as opposed to the approval of item 25-12-08. No other individual "no" votes were named in the roll call recorded in the transcript.
