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Cook County, IL Immigration Policy: Sanctuary Policy Preemption (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Cook County Code § 46-37
Enacted
Ord. No. 11-O-73, Sept. 7, 2011
Scope
Sheriff and on-duty County personnel
Detainer stance
Declined absent written federal cost deal
Complaint venue
Sheriff's Office of Professional Review

Summary

Cook County's Sheriff must decline ICE detainer requests countywide unless the federal government agrees in writing to reimburse all compliance costs.

City-specific rules exist: Skokie, Oak Park, Chicago, and Evanston have their own sanctuary policy preemption rules that differ from Cook County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

The Sheriff of Cook County shall decline ICE detainer requests unless there is a written agreement with the federal government by which all costs incurred by Cook County in complying with the ICE detainer shall be reimbursed. ... [C]ounty personnel shall not expend their time responding to ICE inquiries or communicating with ICE regarding individuals' incarceration status or release dates while on duty.

Full Breakdown

Cook County Code § 46-37, enacted by Ord. No. 11-O-73 in 2011, bars on-duty County personnel from spending time on ICE detainer compliance, facility access, or status inquiries absent a criminal warrant or an unrelated legitimate law-enforcement purpose. The Sheriff declines detainers unless the federal government signs a written cost-reimbursement agreement. This binds the Sheriff's Office and County personnel countywide, including Chicago residents processed through County jail intake, though it does not control Chicago's own police department, which operates under its separate Municipal Code.

Violations & Fines

Not a fine-based ordinance; a person may file a written complaint with the Sheriff's Office of Professional Review alleging a violation of the detainer policy.

Frequently Asked Questions

Does Cook County honor ICE detainer requests?
No. The Sheriff declines them unless the federal government agrees in writing to reimburse the County's compliance costs.
Can ICE interview people held in Cook County Jail?
Only with a criminal warrant, or for a legitimate purpose unrelated to immigration enforcement; County staff can't spend on-duty time on ICE inquiries otherwise.

Sources & Official References

Other rules in Cook County

All Cook County rules

Compare Cook County to another location·View the Illinois immigration policy overview

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