A press release from the McHenry County Sheriff’s Department:
Immigration Suit vs. Sheriff Prim Dropped by Attorneys for Plaintiff
Attorneys who filed a class action immigration lawsuit against McHenry County Sheriff Bill Prim and the Sheriff’s Office voluntarily dismissed the case Tuesday on the verge of another hearing.
The dismissal ends two months of legal proceedings in McHenry County Circuit Court attended by a flurry of emergency motions, defense counter-motions, and media attention.
“The end of this legal action underscores my contention that we have followed the law and continue to follow the law,” Prim said. “As I stated on the day this controversy first began:
‘Public safety [is] our foremost consideration.’”
The controversy began with the Illinois General Assembly passing and Illinois Governor Bruce Rauner signing the Illinois Trust Act (P.A. 100-0463), which went into force and effect on August 28, 2017.
The Trust Act provides for the release of any immigration-impacted inmate who has posted bond or has served time and is being held solely on an ICE hold or detainer.
Niceforo Macedo-Hernandez, a Mexican national, was one of the named Plaintiffs.
Macedo-Hernandez had been held in the Jail on domestic battery charges arising from an incident at his home in Crystal Lake.
The suit alleged that the Sheriff’s Office held MacedoHernandez on an immigration detainer in violation of the Act.
The Chicago law firm of Jenner & Block initiated legal action in the class action case and withdrew shortly thereafter. The Crystal Lake law firm of Kililis, Ridings, and Vonau took over the case and dismissed it Tuesday.
“The McHenry County State’s Attorney’s Office did an outstanding job in representing our office, the County and the citizens in all the ins and outs of this complicated case,” said Sheriff Bill Prim.
“I thank State’s Attorney Patrick Kenneally and his hard-working staff for the time and effort they devoted to this cause.”