Illinois Policeman Sued for Detaining Immigrant Against Trust Act


(ESPAÑOL) Just a week after the ratification of the Trust Act, a McHenry County sheriff was sued for refusing to release an inmate under bail pursuant to the new law.

The Trust Act, ratified by Governor Bruce Rauner last week, prohibits authorities from arresting people based solely on their immigration status without a judge’s warrant.

The immigrant in question, 46-year-old Niceforo Macedo-Hernandez, was arrested in August on a misdemeanor domestic battery charge. When his family tried to release him on bail, the authorities refused by citing an immigration hold, to which Macedo-Hernandez’s attorneys responded with this lawsuit.

Two other detainees in McHenry County have also been denied released since the Trust Act passed. These other two detainees are unnamed, with the first one being a teenager currently protected under the DACA program presently at risk of unlawful detention and the second being a man in his mid-forties arrested for a minor traffic violation and who must appear in court later on for the offense.

The judge with jurisdiction over Macedo-Hernandez argued that the issue was moot since the inmate was no longer in the county’s custody, presumably because he was transferred over to ICE custody.

The situation of the second detainee, referred to as John Doe Number Two for security reasons, establishes a probability of detention and deportation due to his status as a DACA recipient, as close as could be told.

Meanwhile, California’s Attorney General has announced he will be filing a separate suit against Donald Trump for ending DACA, alongside the other suit already standing filed by 15 states against the president’s decision to let DACA lapse. Although the actual grounds and how they would hold up in court are still murky, the general basis of the lawsuits is the deprivation of liberties and the divulgation of personal information to immigration agencies to deport the DACA recipients. The validity and effectiveness of these lawsuits remain to be seen.

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