Evanston’s formal request for guidance from the State’s Attorney’s Office on holding ICE agents accountable for Midway Blitz actions

Dear Neighbors,

Last Halloween was among the most traumatic days our community has experienced. Federal agents (mostly from U.S. Customs and Border Protection) spent hours in Evanston during so-called “Operation Midway Blitz.” After wreaking havoc in multiple locations, they caused a car crash near Oakton and Asbury, beat and pepper-sprayed peaceful bystanders, pointed guns at residents, and detained people for hours.

The purpose of this message is to explain what’s been done so far and what the next steps are in seeking accountability for this mayhem. This is a hard problem, because the Trump Administration makes all of the “normal” ways of going about this unworkable. At a minimum, the action of the agents was surely a violation of DHS use of force policies - but Trump’s DHS would never do anything about that. Similarly, the idea that Trump’s DOJ would bring any criminal prosecution is absurd.

The state-level criminal justice system is the last option to hold the agents accountable. The Evanston Police Department opened an investigation almost immediately, but the FBI then opened its own investigation with the intent of using EPD’s case materials. Again, it is inconceivable that the FBI was acting in good faith.

In late October, Governor Pritzker signed an executive order creating the Illinois Accountability Commission, charged with investigating the conduct of federal agents during “Operation Midway Blitz” and considering policy recommendations in reaction to the harm they caused.

On April 30, 2026, the Accountability Commission released its final report, which analyzed the Evanston events and described the actions of federal agents Timothy Donahue, Thomas Parsons, and Edward Maxa as a “brutal attack... without apparent justification” and alleged these agents used “excessive force.”The report concluded that “[b]ased on the information it has gathered, the Commission has determined that there is reasonable cause to believe that federal agents should be formally investigated for possible violations of agency policy, state and federal criminal laws, and individuals’ constitutional rights.”

Here’s the challenge: the Evanston Police can formally investigate this - they have. But embedded in that investigation lies a thorny legal question: what happens when conduct that would ordinarily constitute a prosecutable assault is perpetrated by a federal agent purportedly carrying out a law enforcement function?

Local police departments are simply not set up to answer this question: in fact, according to our city manager and police chief, “[t]his expertise is outside of the jurisdiction of the Evanston Police Department.”

That’s why Evanston Police Chief Schenita Stewart has now submitted a formal request for guidance from the Cook County State’s Attorney’s Office Law Enforcement Review Unit (LERU) regarding the actions of federal agents on October 31, 2025. LERU is staffed by veteran prosecutors who investigate law enforcement officers accused of criminal conduct and decide whether to bring charges. In this situation, we are requesting assistance from LERU to determine the most appropriate path forward for this investigation.

I am committed to seeing this handled through a rigorous, lawful investigation that can withstand scrutiny and actually deliver accountability.

After months of investigation and communication with the Illinois Accountability Commission, the Office of the Attorney General, the Illinois State Police, and the Governor’s Office, Chief Stewart has determined that LERU is the avenue most appropriate to provide a path forward, and has turned over video and other evidence to the LERU.

My expectation is simple: that these agents be held fully accountable for their actions. Prosecutors in other jurisdictions have proven that federal agents are not above the law, and I am hopeful we can prove the same here in Cook County. If you have evidence, whether in the form of photos, recordings, or testimony, that you’d like to share with LERU, please do so here.

I know this process has been frustratingly slow. From the beginning, I have pushed law enforcement and every stakeholder involved to act with urgency and pursue justice without delay. I will keep pushing until they do.

Sincerely,

Daniel Biss