Class Action Case Against Sheriff Bill Prim over TRUST Act Dismissed by Those Who Filed It

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 from 2017 arrest.

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.”


Class Action Case Against Sheriff Bill Prim over TRUST Act Dismissed by Those Who Filed It — 23 Comments

  1. Thank You Sheriff Bill Prim, this is a win for the citizens of the County, a fine example on how the law works.

  2. Thank you Sheriff Prim for knowing the law and standing up for what is right and following the law.

  3. Yeah Angel maybe he will Macedo will assault YOU next, or another member of our county.

    You’d be fine with that?

    You’re a racist fool!

    Thank you Sheriff Prim!

  4. We have the finest law enforcement team in Sheriff Bill Prim and States Attorney Patrick Keanneally that any group of citizens could ever hope for.

    Great job gentlemen.

  5. Long live the legion of justice? No, please…tic, tock, tic, tock…

  6. Sunshine blogger: Today is Thursday, so I expect our Jack D. Franks hit story. Remember, Jack D. Franks is a Democrat…364 days left for roskam…tic, tock, tic, tock…

  7. I see you failed to mention that the suit is going to be filed in Fed court instead, as reported by the NWH.

  8. Is he free or has this repeat violent criminal been deported?

  9. Immigration court is very slow unless previously deported. He probably paid 100 percent of his bail and is free.

    Liberal judges and bleeding hearts tie up the system.

  10. Rauner, Rahm Emanuel and Democratic mayors and governors who endorse sanctuaries for illegal aliens are not patriots of the U.S.

    It would appear they are in violation of our U.S. Constitution by approving actions and bills that clearly make our Nation less safe.

  11. Was the the Northwest Herald article published after this blog article?

    The current time stamp of the NWH article is 12:38 am today, and the URL has a November 8th date.

    The Northwest Herald article did not state that Niceforo Macedo-Hernandez has been released.

    The article said at one point he had been transferred to Juneau, Wisconsin (Juneau County).

    But an inmate search comes up empty.


    Northwest Herald

    Attorneys Voluntarily Dismiss Trust Act Lawsuit Against McHenry County Sheriff, Plan to Take Matter to Federal Court

    by Katie Smith

    current stamp is 12:38 am today

  12. So he’s free to beat his wife again?

    I guess Prim isn’t for public safety after all.

  13. I said he may be free. Normally, if he has not been previously deported the immigration judge will set a bond and he would be required to post 100 percent of it.
    I have no idea if this occurred.

  14. Mark: Was the the Northwest Herald article published after this blog article?

    It appears so.

    The action happened on Nov 7th, and the NWH seemed to have interviewed the lawyer at that event.

    Cal’s spies left out that part apparently.

  15. It is interesting that they are going to a Federal Court for the Sheriff’s alleged failure to comply with an Illinois law.

    It wouldn’t surprise me if they are taking another shot at immigration detainers in general, and not simply seeking to enforce the laughably misnamed TRUST act.

    Mr Macedo-Hernandez has a couple of hearings coming up in McHenry County on 12/13.

    It wouldn’t surprise me a bit if ICE decided to send the alleged wife beater home on or about that time.

  16. They may be headed to federal court because the county shuffles inmates out of the jurisdiction (county) whenever the lawyers ask a judge to enforce the law.

    Federal court will avoid that issue and perhaps get to the merits of the case.

  17. Love the title: Case dismissed.

    When the fact is the case was dismissed so it could be moved.

    The inference is that the case was dismissed and that’s great because good things happen and lawyers were wrong … and we are right.

    The facts are so much more disheartening for the de-gens around here.

    I guess that’s why they have to go with titles like that.

    Dewey Defeats Truman.

    Feel better?

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