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* I have been trying without any success since July 18 to obtain a quote from the Illinois attorney general’s office about this situation. WTTW is also having problems…
The Adams County Sheriff’s Office has transferred at least two men into U.S. Immigration and Customs Enforcement (ICE) custody, in apparent violation of the state’s TRUST Act and Way Forward Act, according to a lawyer who helped provide technical support for the legislation. Both men were later deported.
In a statement, Department of Homeland Security Assistant Secretary Tricia McLaughlin pointed to both men’s criminal charges — but in one case, the federal government dismissed its criminal complaint; in the other, he was never charged for the alleged crime that landed him in jail.
In addition, the Adams County Jail also has a contract with the U.S. Marshals Service that authorizes ICE to utilize the jail to detain people for $80 a day. Such contracts also appear to run afoul of state law.
The acts generally prohibit collaboration between Illinois law enforcement officers and federal immigration agencies.
“All of those things are violations,” Mark Fleming, associate director of federal litigation with the National Immigrant Justice Center, said of both the men handed off to ICE by Adams County and the jail contract.
WTTW News detailed these apparent violations to Illinois Attorney General Kwame Raoul’s office, which oversees compliance and enforcement of the state’s sanctuary laws. The office did not respond to repeated requests for comment.
posted by Rich Miller
Wednesday, Aug 20, 25 @ 8:00 am
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Thank you to you and WTTW on trying to get more information on this. We need to know if we can trust our law enforcement officers to follow state law or whether they are okay with human trafficking people for the federal administration.
==in one case, the federal government dismissed its criminal complaint; in the other, he was never charged for the alleged crime that landed him in jail.==
Once again, the lying that it’s only about kidnapping ‘violent criminals’.
Comment by BE Wednesday, Aug 20, 25 @ 8:15 am
In my opinion, attorneys general in Illinois have long ignored local government law-breaking. Example, there was a mayor close to my town that was using city funds to buy things, then resell them personally and pocket the money. It was an obvious open and shut case, very well documented. He was never charged. And now is a member of the county board.
The mayor of another town funnels city business to companies he owns and/or is employed by. Doesn’t give a darn that it is against the law. You would think that people that know the law would report this type of felonious corruption, wouldn’t you? Heck no. Why should anyone become a pariah in their town just so the supposed authorities can completely ignore blatant lawbreaking.
So it goes on and on and on. Even when thoroughly reported, little seems to happen… unless it rises the level of a Rita Crundwell. And even her sentence got commuted. So I have no expectations for justice in the realm of local government.
Comment by Ducky LaMoore Wednesday, Aug 20, 25 @ 8:39 am
I firmly beleive that the Supremacy Clause of the Consitution is applicable here and that immigration is a dominant role of the Federal government.
If there are those who disagree, I would be pleased to hear their arguments.
Comment by Mason County Wednesday, Aug 20, 25 @ 11:38 am
Wait, we have an Attorney General?
Comment by NIU Grad Wednesday, Aug 20, 25 @ 11:51 am
Mason, that in no way means that local or state police have to do the feds’ work for them. No one is talking about obstructing federal law enforcement, but proactively doing their job is a different thing.
Comment by Perrid Wednesday, Aug 20, 25 @ 11:52 am
===I firmly beleive that the Supremacy Clause of the Consitution is applicable here===
No federal law exists to require state and local governments to enforce federal civil immigration warrants.
Zero.
Comment by Rich Miller Wednesday, Aug 20, 25 @ 12:12 pm
@Mason - I would note that the anti-commandeering doctrine couched in the 10th Amendment is applicable here.
Comment by JustADude Wednesday, Aug 20, 25 @ 12:13 pm
- I firmly beleive that the Supremacy Clause of the Consitution is applicable here -
And I bet you’re a big states rights guy when that position suits you.
Comment by Excitable Boy Wednesday, Aug 20, 25 @ 12:25 pm
@Mason County
Your “firm belief” is a house built on sand.
The “anti-commandeering doctrine” implied by 10th Amendment of the US Constitution guarantees that states cannot be forced to do the work of the federal government.
This doctrine has been affirmed by SCOTUS as recently as 2018, so until the current corrupted SCOTUS gets a case before that could reverse that doctrine, no state has to help the feds in their fascist round-ups.
Comment by CA-HOON Wednesday, Aug 20, 25 @ 12:28 pm
==I firmly beleive that the Supremacy Clause of the Consitution is applicable here and that immigration is a dominant role of the Federal government.
The Supremacy Clause would require local and state police to not interfere with immigration enforcement for sure, but as immigration is an enumerated power in the Constitution that is granted solely to Congress, state and local police are not responsible to enforce it. It’s a fairly important part of federalism in that the federal government is responsible for implementing laws in which it has sole authority. Most ares of the law involves some sort of shared or dual sovereignty, but the Constitution gives this particular power only to the national government and thus the entire implementation is up to the national government.
Comment by ArchPundit Wednesday, Aug 20, 25 @ 12:32 pm
==attorneys general in Illinois have long ignored local government law-breaking==
The Illinois Attorney General has very limited criminal law authority. He may be able to file some civil action to affect this situation but probable not criminal,
Comment by Bigtwich Wednesday, Aug 20, 25 @ 12:35 pm
Thank you for trying to get an answer on this. There are several counties in Illinois with politicians dressed in cop costumes ignoring laws passed by the legislature.
Comment by Consider This Wednesday, Aug 20, 25 @ 12:35 pm
===He may be able to file some civil action===
I just want to hear him talk about it first.
Comment by Rich Miller Wednesday, Aug 20, 25 @ 12:44 pm
County jails all over the State of Illinois have agreements to house federal prisoners in transit to courts and federal prisons…that 80 bucks includes two fishsticks and a slice of Wonderbread.
Comment by Dotnonymous x Wednesday, Aug 20, 25 @ 1:04 pm
==He may be able to file some civil action to affect this situation but probable not criminal,
I’m pretty sure the law doesn’t contain criminal sanctions–more of a civil responsibility that can be enforced by courts.
And agree on wanting to hear from AG Raoul.
Comment by ArchPundit Wednesday, Aug 20, 25 @ 1:15 pm
“ The Illinois Attorney General has very limited criminal law authority. He may be able to file some civil action to affect this situation but probable not criminal”
If someone could explain to me how an attorney general can’t criminally investigate class 3 and 4 felonies, I would love to hear it.
Comment by Ducky LaMoore Wednesday, Aug 20, 25 @ 1:41 pm
I am going to give AG Raoul the benefit of the doubt and a little patience.
His office is staffed with career prosecutors whose integrity is second-to-none.
Most lawyers will tell you that it is wisest not to comment when you have not even filed charges yet. That used to be how the Feds operated as well.
Comment by Yellow Dog Democrat Wednesday, Aug 20, 25 @ 1:41 pm
===and a little patience===
I held my tongue for a month. That is plenty of time.
Comment by Rich Miller Wednesday, Aug 20, 25 @ 1:45 pm
—If someone could explain to me how an attorney general can’t criminally investigate class 3 and 4 felonies, I would love to hear it.
Ducky, I may not have understood the law. Is it subject to class 3 and 4 felonies?
Comment by ArchPundit Wednesday, Aug 20, 25 @ 2:14 pm
==how an attorney general can’t criminally investigate class 3 and 4 felonies,==
The Attorney General represents the state in civil actions and is vested with few criminal law powers. States Attorneys have criminal law powers as well as some civil.
https://www.illinoisattorneygeneral.gov/Page-Attachments/OAGBriefDescription.pdf
Comment by Bigtwich Wednesday, Aug 20, 25 @ 2:24 pm