Cook County State's Attorney's Office releases guidelines for cases involving fed immigration agents

CHICAGO (WLS) -- Whether it's the Minneapolis fatal shootings of Renee Good and Alex Pretti, or the Chicago shooting of Marimar Martinez, so far, no federal immigration agents have been charged with a crime while on-duty.

"In fact, the agent in our case, Agent Exum, was patted on the back within three hours by Greg Bovino, saying, 'great job on shooting somebody,'" Martinez's attorney Christopher Parente said.

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As a former federal prosecutor, Parente says historically when on-duty federal agents act outside the bounds of the law, the Justice Department conducts an investigation. But, under the Trump administration that is not happening.

"We live in this strange time, where not only are they not investigating, but they're being rewarded and promoted by the feds, instead of investigated. So, when that happens, there's nobody else to turn to other than the state," Parente said.

There has been public pressure from immigration groups and elected officials for Cook County State's Attorney Eileen O'Neill Burke to do more.

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On Thursday, her office released a protocol for state prosecutors to follow if they are presented with evidence to prosecute a federal agent, which they have been working on for months. So far, no law enforcement agency has brought the office a case involving an on-duty agent.

"It contains the scope of cases, the relevant law, so that they understand, as they're conducting their investigations, what the barriers or difficulties that we're going to have to overcome might be, and kind of outlines that process," Cook County State's Attorney First Assistant Craig Engebretson said.

And there are two big barriers: By law, the federal government does not have to share evidence with the state. The second is the Supremacy Clause, which gives federal agents immunity.

"We have to know that there is sufficient admissible evidence to overcome that defense so that we can prove our case beyond a reasonable doubt," Engebretson said.

Parente understands state prosecutors face a high hurdle. But, he says, the new guidance is better than nothing.

"The value of something like this is simply deterrence of agents when they're in Cook County. At least they see, well, look, you know, Greg Bovino, Kristi Noem, they can't protect us completely," Parente said.

Parente says if a Department of Justice investigation into Agent Charles Exum reaches a dead end, he will then turn to the Cook County State's Attorney's Office to take action. But, he says, even a state investigation will need some cooperation from the feds.