From the McHenry County State’s Attorney:

MCHENRY COUNTY FILES LAWSUIT CHALLENGING ILLINOIS WAY FORWARD ACT

Today, the McHenry County State’s Attorney filed a federal lawsuit on behalf of McHenry and Kankakee Counties challenging the legality of the Illinois Way Forward Act.

The Act requires local governments in Illinois to cancel existing contracts with the federal government for the
housing of federal immigration detainees.

“While perhaps proceeding from good intentions, this symbolic law does nothing other than serve as a demonstration of discontent by those in Springfield with current federal immigration policies and will only harm the very immigrants it purports to help,” State’s Attorney Patrick Keneally said.

Most detainees held by ICE at the McHenry County Jail previously resided in Illinois, Wisconsin, or Northwest Indiana. The termination of these contracts will not result in the release of detainees.

Rather, they will merely be transferred to other ICE facilities as far away as Louisiana.

The McHenry County Jail is a preferred provider of ICE detention because of its excellent safety record and high standards.

The McHenry County Jail is one of only four county jails in Illinois to be accredited by the American Correctional Association, meaning it meets the highest and the most stringent standards for “protection, safety, and humanity,” Kenneally said.

By forcing all ICE detention facilities in Illinois to close, detainees currently held in Illinois may be moved to facilities with less favorable safety standards and more crowding.

“It is difficult to see how moving detainees away from their families and legal teams to overcrowded facilities in less sympathetic jurisdictions will benefit anyone,” said Kenneally.

More pressingly, the law is unconstitutional and a clear example of the State of Illinois’ overreach in seeking not only to dictate federal policy, but also that of local government.

Federal law, which prudently does not wish to duplicate costs by building more federal detention facilities throughout the country, explicitly allows counties such as McHenry to contract with the federal government to house federal prisoners.

Any state law that interferes with federal law or federal contracts is void under both the Supremacy and Contracts Clauses of the United States Constitution.

This lawsuit reinforces the County Board’s May decision to continue with the contract which was first entered into in 2005 and additionally provided funding for the expansion and modernization of the county jail.

The County Board voted in May to defeat a proposal to abolish the ICE contract. Weeks later, on the last day of session, the General Assembly approved the Illinois Way Forward Act and subsequently moved it to the governor.

“The County Board spent a year studying and thoughtfully deliberating whether the ICE contract should be continued prior to its 15-8 vote in favor of keeping it.

By contrast, the Illinois Way Forward Act was filed in late February and rammed through on the General Assembly on the last day of session.

This law is flawed, unconstitutional, and a blatant case of state overreach, and I am hopeful that it will be overturned in court,” McHenry County Chairman Mike Buehler said.

Lastly, it is worth pointing out that revenue from McHenry County’s contract contributes to the county’s overall fiscal health.

Unlike Illinois, which has a bond rating in the lowest tier, McHenry County continues to maintain a AAA bond rating.

Average revenue from the contract over the last five fiscal years exceeds $8 million per year and alleviates the need for additional burdens on taxpayers by paying for essential services provided by the county.