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First lawsuit filed over TRUST Act as AG Madigan releases enforcement guidelines

Wednesday, Sep 13, 2017

* Tribune

The McHenry County sheriff was sued Friday over his refusal to release an inmate who, his lawyers say, should be freed on bail under a new state immigration law.

Lawyers representing the Crystal Lake man, Niceforo Macedo-Hernandez, say McHenry County authorities are not complying with the Trust Act, which Gov. Bruce Rauner signed into law last week and which says that, without a judge’s warrant, state and local authorities can’t arrest or detain people based on their immigration status alone.

The suit is the latest effort to free Macedo-Hernandez, a Mexican immigrant who was arrested in August on a misdemeanor domestic battery charge. When his family tried a week ago to pay his $500 bail, county authorities first declined, citing an immigration hold. Eventually they accepted the bond payment, but instead of releasing him to his family, he was transferred into the custody of U.S. Immigration and Customs Enforcement, which has begun deportation proceedings.

At least two other immigrant inmates in McHenry County Jail have also been denied release under similar circumstances since the Trust Act went into effect.

* Northwest Herald

A McHenry County judge has set bond for Macedo-Hernandez, but Sheriff Bill Prim refused to release him. He declined even after a judge’s order that the inmate’s family be allowed to post bail. Prim essentially decided to hold Macedo-Hernandez without bail because of his questionable immigration status, saying that the federal Immigration and Customs Enforcement agency has requested he be held in jail.

Macedo-Hernandez and two other McHenry County residents are now suing Prim for refusing to follow the Trust Act. McHenry County State’s Attorney Patrick Kenneally is backing Prim, claiming in part that the state’s Trust Act is unconstitutional because it is pre-empted by federal immigration law and that legislators can’t tell elected officers what laws to enforce.

* The money angle

The jail has had an agreement with ICE since 2014 that allows it to house federal detainees in the jail for between $85 and $95 a day for each inmate, and a transportation rate from $34 to $48 an hour, according to court documents.

The McHenry County Jail housed 280 daily ICE inmates in 2011, but that number dropped to 179 in 2013, according to the McHenry County Sheriff’s Office website. Prim took office in 2014, and the jail housed 192 inmates in early 2016. Prim said in a 2016 news release that he was encouraged to see the “downward slide” halted.

* Today, Attorney General Lisa Madigan issued guidance to state, county and local law enforcement agencies

Federal and state law – including the newly enacted Illinois Trust Act – limit the authority of Illinois law enforcement agencies to engage in immigration enforcement activities. All law enforcement agencies and officers must be aware of and stay within these limitations when conducting law enforcement activities. This guidance provides an overview of relevant federal and state law and may be a useful resource to Illinois law enforcement agencies. In summary, based on constitutional protections, federal and state statutes, and policy considerations, Illinois law enforcement officers and agencies:

    * Shall not stop, search, or arrest any individual on the sole basis that the individual is undocumented; arrests may be made only when Illinois law enforcement has an arrest warrant or probable cause to believe that a criminal offense has been committed;
    * Are in violation of state law and constitutional protections if they detain an individual pursuant to an ICE detainer beyond his or her normal custody release date;
    * Are not required to participate in immigration enforcement activities and shall treat a request from federal immigration authorities for access to detention facilities or individuals held by local authorities as a request, rather than an obligation;
    * Are not required to inquire or collect information about individuals’ immigration or citizenship status;
    * Should consider whether any internal policies regarding sharing immigration status information with federal immigration authorities will promote trust and confidentiality in their communities;
    * Should consider requiring all officers to identify the jurisdiction they represent when engaging with community members or knocking on doors to encourage transparency and cooperation and to avoid any concern or confusion about whether the officers work for federal immigration authorities.

* Related…

* Lake Co. releases 1st immigrant from jail under Trust Act provisions: ‘I could breathe again’

- Posted by Rich Miller        

26 Comments
  1. - PublicServant - Wednesday, Sep 13, 17 @ 11:24 am:

    Looks like we have our own Sheriff Arpaio right here in Illinois.


  2. - wordslingerlanguage wordslinger - Wednesday, Sep 13, 17 @ 11:38 am:

    ah yes, the money angle, Like county jail should be a government profit center. And the sheriff publicly expresses happiness that he’s putting heads in beds.

    I’m guessing he’s a pre-judicial asset seizure man (”civil forfeiture” is abuse of the language). There’s money in that, too.


  3. - Anonymous - Wednesday, Sep 13, 17 @ 11:50 am:

    My understanding from other articles is that the person is now in a Federal facility in Wisconsin, so the question of whether he should be released is pretty much moot (could still be due damages though).

    The last 4 bullet points from the AG read as more policy recommendations to law enforcement agencies on questions of when they should communicate with the Feds. That seems a little outside the bounds of the AG’s authority and purview.


  4. - Last Bull Moose - Wednesday, Sep 13, 17 @ 11:50 am:

    If the defendant is now held by ICE, then a federal warrant exists. Is this a timing question?

    Was the judge told that Federal officials were coming to take custody? If yes why grant bail? The defendant is clearly a flight risk


  5. - Jim "e" - Wednesday, Sep 13, 17 @ 11:51 am:

    come on folks. ICE wanted the dude held. Bill did the right thing, and its not like Bill has directed his deputies to profile people of brown skin. Hey, I’m liberal as all heck, but when you have an order from the Feds, you should follow it.


  6. - Anonymous - Wednesday, Sep 13, 17 @ 11:54 am:

    ==an order from the Feds, you should follow it.==

    Detainers aren’t “orders” they’re requests. The Feds have stated this in Court.


  7. - allknowingmasterofracoondom - Wednesday, Sep 13, 17 @ 12:13 pm:

    Good thing this Trust Act didn’t create any additional confusion or subjectivity.

    Simply astounding.


  8. - Anonymous - Wednesday, Sep 13, 17 @ 12:21 pm:

    ==Good thing this Trust Act didn’t create any additional confusion or subjectivity.==

    The Act is pretty straight forward. If McHenry County was holding these persons strictly based on immigration detainers they were openly violating a law that’s so simple a grade school kid would know what it said you can’t do.


  9. - allknowingmasterofracoondom - Wednesday, Sep 13, 17 @ 12:28 pm:

    - Anonymous - Wednesday, Sep 13, 17 @ 12:21 pm:

    “Should consider”, “Are not required”

    This is how our AG clarifies the law, with subjectivity. This law is a disaster. It only creates additional fear in the immigrant community, additional confusion in the LE community, and additional frustration in the community period.

    Not to mention State laws don’t trump (little t), and that this Trust Act will be challenged based on any conflicts with any relative Fed law.

    Not to mention, I just can’t believe we (the entire country) is having an argument about non citizen criminals and how to treat them.

    Where or where have we all gone too?


  10. - Anonymous - Wednesday, Sep 13, 17 @ 12:38 pm:

    ==“Should consider”, “Are not required”

    This is how our AG clarifies the law, with subjectivity. This law is a disaster. It only creates additional fear in the immigrant community, additional confusion in the LE community, and additional frustration in the community period.==

    Those sections from the AG have nothing to do with the Act. What law enforcement should consider when communicating with the Feds isn’t up to the AG, that’s law enforcements call. The Act expressly and simply states that it does NOT prohibit communication. Period. Lisa Madigan should’ve left it at that instead of injecting what she wishes it would’ve said.


  11. - Ghost - Wednesday, Sep 13, 17 @ 1:23 pm:

    side point, local “law” enfrocement derives it authority from Il law, not inspite of it. There is now legal authority to act as a sheriff or other law enfrocement offical absent the authority of the il legislature. so it is incorrect to say they are not bound by il law, or that federal law supercedes by creating additional authority not conved by state law, unless the feds want to add them to the payroll and make them federal officers.


  12. - cdog - Wednesday, Sep 13, 17 @ 1:26 pm:

    So here’s the deal.

    Do you vote for Rauner in 2018, who signed this lousy bill in a misguided attempt to appease, but with the right Legislature would not even be presented with garbage like this.

    Or, do you vote for the soon to be crowned Pritzker, who will fall all over himself to open up the floodgates to increase this population of non-criminal, criminal, and non-citizens in the state of Illinois.

    I will go with the less dangerous option.


  13. - LEA - Wednesday, Sep 13, 17 @ 1:32 pm:

    ==I will go with the less dangerous option.==

    Put it another way: With Rauner you get this bill, which doesn’t do a whole lot and law enforcement (as a whole) was ok with. With JB you get the original version of SB31, which would’ve changed a lot, lot more, and was vigorously opposed by law enforcement.


  14. - cdog - Wednesday, Sep 13, 17 @ 1:32 pm:

    Adding, I hope SCOTUS incorporates into their upcoming Trump immigration ban ruling clear parameters of who is protected by the US Constition.

    This nonsense of non-citizens having constitutional protection and recourse is a never-ending invitation to be flooded by the 7.5billion people on this planet.

    Says AG Madigan “* Are in violation …constitutional protections if they detain an individual pursuant to an ICE detainer beyond his or her normal custody release date;”

    This is pure nonsense pushed by the left, and if practiced at the maximum is a failure.


  15. - Rich Miller - Wednesday, Sep 13, 17 @ 1:34 pm:

    ===With JB you get the original version of SB31===

    MJM wasn’t gonna let that bill see the light of day. So, with JB you’d get SB31, but only if MJM isn’t around.


  16. - Anonymous - Wednesday, Sep 13, 17 @ 1:36 pm:

    Cdog, there’s already SCOTUS precedent stating that undocumented persons are allowed certain constitutional protections


  17. - Anonymous - Wednesday, Sep 13, 17 @ 1:39 pm:

    ==MJM wasn’t gonna let that bill see the light of day==

    Fair point and true about Madigan’s position, but this stuff has been building momentum on the Dem side for years and the pressure will only increase to keep going further.


  18. - cdog - Wednesday, Sep 13, 17 @ 2:17 pm:

    I did a little reading about constitutional protections of non-citizens, specifically for those who are physically in this country.

    If I understand correctly there would be due process, free speech, etc., all intact, while they are being administratively removed from the country for not following immigration law.

    I do not much care for Rauner, but I will most likely vote all GOP in 2018, on this issue alone.

    Democrats have lost their way in this “nation of laws” by promoting cherry-picking of what laws they want to follow and which laws they find “ethically” convenient to break, using their modified definition of “ethical.”


  19. - Downstate Illinois - Wednesday, Sep 13, 17 @ 3:22 pm:

    And yet the governor claims this isn’t a sanctuary bill.


  20. - Whatever - Wednesday, Sep 13, 17 @ 3:41 pm:

    Ghost @ 1:23 — Maybe you should tell the Comptroller to stop withholding federal income and social security taxes from wages paid to state officers and employees.


  21. - wordslinger - Wednesday, Sep 13, 17 @ 4:27 pm:

    –This nonsense of non-citizens having constitutional protection and recourse is a never-ending invitation to be flooded by the 7.5billion people on this planet.–

    Thank you for your knowledge of history and your logic, Mr. Duke.

    I’m guessing the horde of 7.5B ain’t looking to move next door to you anytime soon, once they get to know you.

    Whoops, you revealed yourself here, didn’t you? You’ve been trying so hard (unsuccessfully) to hide it.

    Keep talking, daddio. I double-dog-dare you.


  22. - cdog - Wednesday, Sep 13, 17 @ 5:40 pm:

    I’m actually a very good neighbor, very law-abiding, tidy, and helpful.

    I think that this country has run remarkably well for over 240 and it is only in the last eight years that this whole invitation for illegal immigration, with no regard for administrative rule or law, has permeated the mindset of people that thing lawlessness is progress.

    Ain’t hidin’ nothin’.

    I hear the Trump Administration is looking to reduce refugees to 50,000/yr and that the Pope even said the host countries should have conditions on immigration.

    We’re talking the Golden Mean, here. All this crazy extreme stuff is not wise.

    (sorry Rich. the kids are fighting again. eye roll :)


  23. - wordslinger - Wednesday, Sep 13, 17 @ 6:05 pm:

    –I think that this country has run remarkably well for over 240 and it is only in the last eight years that this whole invitation for illegal immigration, with no regard for administrative rule or law, has permeated the mindset of people that thing lawlessness is progress.–

    Gee, professor, when’s the signing on your coloring book of history?

    I’ve got to party with you, dude. You obviously get the best stuff.

    Give us a heads up on the next cross/book burning.

    I’ll bring Vienna dogs (kosher, ok?).


  24. - cdog - Wednesday, Sep 13, 17 @ 6:28 pm:

    FYI, that would be dudette. Surprise.

    I do burn some new neuron paths with some nice hybrids, only periodically though.

    I am, however, very undeserving of your racial slurs and they don’t add much to your arguments.


  25. - wordslinger - Wednesday, Sep 13, 17 @ 6:34 pm:

    CDog, please identify a “racial slur” I directed your way.

    I do apologize for assuming you were male.

    But if you peddle ahistorical meth-head-babbling like this…

    –I think that this country has run remarkably well for over 240 and it is only in the last eight years that this whole invitation for illegal immigration, with no regard for administrative rule or law, has permeated the mindset of people that thing lawlessness is progress.–

    … expect a little blowback.

    No victims here.


  26. - CornBilly - Wednesday, Sep 13, 17 @ 10:00 pm:

    Wordslinger:

    Whoops, you revealed yourself here, didn’t you? You’ve been trying so hard (unsuccessfully) to hide it

    Give us a heads up on the next cross/book burning.

    Pretty clear you were calling cdog a racist.


Sorry, comments for this post are now closed.


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