Montenegrin Radule Bojović took the oath as a police officer, passed all the tests, received a uniform and a gun, but instead of patrolling the streets of the Chicago suburb of Hanover Park, he ended up in the custody of Immigration and Customs Enforcement (ICE) in Indiana.
The case has come to the attention of the American media because Chicago is one of the major American cities providing sanctuary to migrants under the crackdown of President Donald Trump's administration.
ICE detained Bojović in mid-October because, as the Department of Homeland Security (DHS) announced, his visa had expired in 2015.
"It is not true that he is in the country illegally. He has a valid work permit, which he obtained based on an asylum application filed in 2014, which DHS kept quiet about."
"They did security checks on him and he passed them all," Miroljub Đukić, a Chicago lawyer involved in Bojović's case, told BBC Serbian.
Who broke the law?
Hanover Park police confirmed to BBC Serbian that Bojović had passed all security and administrative checks.
"At the time of employment, Officer Bojović had a valid work permit issued by the federal Citizenship and Immigration Services (USCIS)," Hanover Park Police Deputy Chief Victor Divito said in a written response to the BBC.
The FBI and Illinois State Police provided them with confirmation that Bojović does not have a criminal record, it added.
"We have also received confirmation, based on a memorandum from the Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives dated January 5, 2024, that his immigration status permits him to carry a firearm while on duty," the response reads.
Melanie Arnold from the Illinois State Police confirmed to BBC Serbian that they checked Bojović's criminal record, but not his immigration status.
Bojović's arrest raised a number of questions, including how he could have been arrested if he passed all the checks and whether foreigners can be police officers in America?
"The Governor of Illinois passed a law in 2023 that allows those with work permits, even if they are foreigners, to work in the local police force," explains attorney Djukic.
However, under US regulations, ICE had legal grounds to detain Bojović and other non-citizens in the asylum process, which has been a frequent case in recent months since the administration tightened migration policy.
"They had the legal right to detain him, because there is a difference between legal presence and legal status."
"He does not have legal status because his asylum application has not yet been resolved, but he has legal presence and that is the basis for his work permit," says Đukić.
No previous administration has enforced the law this rigorously, he adds.
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Who can be a police officer?
Since there is no classic, federal police service in the USA, the criteria for getting this job vary from state to state.
A basic background check, through computer databases, state-level criminal background checks or Motor Vehicle Commission records, is not enough, says David Berez, a former police officer and founder of the NGO Citizens behind the badge, for the BBC in Serbian.
“A more in-depth analysis of acquaintances, previous addresses, previous employers, social media searches, and several other methods for understanding who an individual is when no one is looking is extremely important,” explains Berez.
It seems that in the Bojović case, he adds, all of this was obviously not done, which is an omission by the local authorities.
When a police department wants to hire a new member, one of the detectives is tasked with conducting a thorough background check on the potential new hire, according to the Illinois State Police website.
The most common criteria, in addition to a valid work permit and a clean criminal record, include a high school diploma, a driver's license with no violations, a credit check, a physical endurance test, a psychological evaluation, a drug test, a polygraph, and a one-year probationary period.
"Some agencies also test knowledge of local laws and report writing," Berez adds.
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No communication with the Embassy of Montenegro
Since his detention, neither Bojović nor his lawyers have contacted the Montenegrin Embassy in the United States, the country's Ministry of Foreign Affairs confirmed to BBC Serbian.
They also say that the ministry cannot comment on individual cases, especially those related to procedures carried out by authorities in other countries.
"We also note that the current practice of immigration authorities is not to request consular assistance if the processed persons possess a valid travel document," the written response states.
Bojović's arrest is part of a broader operation "Midway Blitz", launched "in honor of Katie Abraham, who was killed when her car was hit by a drunk driver, illegal migrant Julio Cucul-Bol," the response to the BBC reads.
Among those arrested in this operation were more than 30 Serbian citizens, mostly truck drivers.
"The operation is targeting criminal illegal aliens who have flocked to Chicago and Illinois seeking protection under Governor Pritzker's sanctuary policy," it added.
After Los Angeles and Washington, Chicago at the heart of the storm
Tough anti-immigration policies were Donald Trump's main trump card in his presidential campaign, and when he returned to the White House in the winter, he quickly moved from words to actions.
Trump's target included cities like Washington, Los Angeles, New York and Chicago which are run by Democrats and which have been declared sanctuaries for migrants.
Authorities in these cities are limiting cooperation with federal immigration services to protect undocumented immigrants.
In early June, the American president sent the National Guard and Marines to Los Angeles to help quell protests against ICE raids on illegal immigrants and restore order.
In mid-August, Trump sent the National Guard to the streets of Washington, the capital of the United States.
At the time, he justified the decision by fighting homelessness and increasing crime rates, but local authorities denied these claims.
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In early October, Trump sent National Guard troops to Chicago to deal with "out-of-control crime," blaming Illinois' Democratic governor, J.B. Pritzker, and Mayor Brandon Johnson for it.
The timing of the arrest, which coincided with the White House's moves and the tense atmosphere in Chicago, reduces the chance that Bojović will be released on bail to defend himself from freedom, estimates lawyer Đukić.
"First, there was a huge uproar about all of this, and the second reason is that Bojović worked for the police."
"If the judge is willing to grant him bail, I expect the Ministry of Internal Security to file an appeal," Djukic estimates.
He also says that the court has not yet determined when the first hearing for the detained police officer will be held.
For supporters of tougher policies toward migrants, like former police officer David Berez, the liberal policies of Chicago and the state of Illinois represent a "blind eye" to illegal immigration.
"It is dangerous and slippery terrain with catastrophic consequences that threaten the sovereignty of our nation," Berez claims.
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