Can an Alderperson be arrested? Jessie Fuentes handcuffed by ICE agents in Chicago
Alderperson Jessie Fuentes is put into handcuffs by ICE agents while asking about a warrant for a detained man on Oct. 3, 2025. Image Credit: 26th Ward Office
When Alderperson Jessie Fuentes of Chicago’s 26th Ward was handcuffed by ICE agents at Humboldt Park Hospital, many residents were left wondering: what exactly is an alderperson, and can they legally be arrested like any other citizen?
The shocking moment, captured on video and shared across social media, showed Fuentes being restrained after demanding to see a judicial warrant. The confrontation has reignited debate about democratic accountability, immigrant rights, and the powers of local elected officials when they challenge federal authority.
What Is an Alderperson?
In Chicago, alderpersons (formerly called “aldermen”) are elected members of the City Council. Each represents a ward, advocates for residents, shapes city budgets, and holds city departments accountable. Fuentes represents the 26th Ward, which includes parts of Humboldt Park, a historic Puerto Rican neighborhood.
Alderpersons are not above the law, but they are expected to have access to information, oversight power, and a duty to defend their communities.
Why Was Jessie Fuentes Handcuffed?
Fuentes confronted ICE agents at Humboldt Park Hospital after reports that they were detaining an injured man without allowing attorney access. When she asked for a signed warrant, agents accused her of “impeding” and placed her in handcuffs.
She was briefly detained, escorted outside, and warned not to re-enter.
ICE later stated that protesters attempted to interfere with a lawful operation, while Mayor Brandon Johnson condemned the incident as an assault on democratic oversight.
READ ALSO
Ald. Jessie Fuentes: Why was Chicago alderman handcuffed during immigration raids?
Can an Alderperson Be Arrested?
Yes, alderpersons, like any public officials, can be arrested if law enforcement claims they are obstructing an operation or violating the law. However, legal experts stress that arresting an elected official in the course of performing oversight duties raises constitutional concerns.
“Alderpersons have a responsibility to ask questions and protect their constituents,” one legal scholar noted. “Restraining them could set a dangerous precedent for democratic accountability.”
Chicago Leaders React
Mayor Brandon Johnson called the handcuffing a “direct attack on accountability”, while Alderperson Anthony Quezada urged residents to pressure their representatives to resist federal intimidation.
Fuentes, reflecting on the ordeal, warned: “If they can handcuff an alderperson for asking about a warrant, imagine what they’re doing to everyday people.”
FAQ
What is an alderperson in Chicago?
An alderperson is an elected member of the Chicago City Council who represents a ward, drafts legislation, and advocates for community interests.
Can an alderperson be arrested?
Yes, alderpersons can be arrested if accused of breaking the law, but detaining one during official oversight duties raises legal and constitutional concerns.
Why was Alderperson Jessie Fuentes handcuffed?
Fuentes was handcuffed by ICE agents after demanding to see a warrant at Humboldt Park Hospital during a federal operation involving a detained immigrant.
Do alderpersons have legal immunity from arrest?
No. Unlike members of Congress, city council members such as alderpersons do not have immunity and can face arrest like any other citizen.
What happens if an alderperson is arrested?
If arrested, an alderperson would face the same legal process as any individual, but the case could spark political consequences or calls for federal review.
What role do alderpersons play in immigration issues?
While they cannot overrule federal immigration laws, alderpersons can hold city agencies accountable, provide support for immigrant communities, and question enforcement actions within their wards.