Breeze-Courier | Taylorville, IL
weather sponsored by
Hickory Estates of Taylorville




Advanced Search
search sponsored by


LOGIN | SUBSCRIBE




KMRM

home : news : state news free September 19, 2017

   
9/7/2017 1:05:00 PM
Illinois judge denies release of man in custody of immigration enforcement

WOODSTOCK, Ill. (AP) — An Illinois judge has denied a request to free a man from U.S. Immigration and Customs Enforcement custody, despite his lawyers’ insistence that he should be released under a new law.

Niceforo Macedo-Hernandez, 46, was arrested on a domestic battery charge in August. His family posted his $500 bail, but McHenry County officials declined to release the inmate. They said they needed more time to interpret the new the Illinois Trust Act, which Gov. Bruce Rauner signed into law last week.

Macedo-Hernandez’s attorneys called the decision “outrageous” and “inhumane.” They said he should be released under the new law, which prevents authorities from assisting with immigration actions unless there’s a warrant.

McHenry County State’s Attorney Patrick Kenneally said the law is unconstitutional because it’s pre-empted by federal immigration law.

“It violates the Separation of Powers, the legislative branch cannot dictate to the executive branch, of which the sheriff is a member, what laws to enforce and it violates the prohibition on special legislation in that it only applies to a small number of people being held on civil detainers,” Kenneally said.

McHenry County Circuit Judge Michael Feetterer said Tuesday that it wasn’t his place to rule on the new state law. He said he’s only overseeing the battery case.

Feetterer said the defense can seek Macedo-Hernandez’s release in civil court.

“Federal immigration law regarding administrative detainers, immigration warrants and removal are civil, not criminal matters,” Kenneally said.

Macedo-Hernandez, who has lived in the U.S. for 20 years and has three children, isn’t legally authorized to live in the country.




Anderson Jewelers




Article Comment Submission Form
Please feel free to submit your comments.

If you are looking for the SPEAK OUT submission form, you can find it by clicking here: Speak Out Form


Article comments are not posted immediately to the Web site. Each submission must be approved by the Web site editor, who may edit content for appropriateness. There may be a delay of 24-48 hours for any submission while the web site editor reviews and approves it.

NOTE: All information on this form is required. Your telephone number and email address will not be displayed or shared.
Submit an Article Comment
First Name:
Required
Last Name:
Required
Telephone:
Required
Email:
Required
Comment:
Required
Passcode:
Required
Anti-SPAM Passcode Click here to see a new mix of characters.
This is an anti-SPAM device. It is not case sensitive.
   











Dr Paul The Dentist
Trinity Dodge Fixed

NewsWebPagesOpinionPeopleObituariesAg & BusinessSportsContact Us
Subscriptions | Username & Password Reminder | Change Password | Life

Breeze-Courier & Printing | 212 S Main St. Taylorville, IL 62568 | (217) 824-2233 |
website@breezecourier.com

© Copyright 2014 Breeze-Courier & Printing. All Rights Reserved.
Original content may not be reprinted or distributed without the written permission of Breeze-Courier & Printing.

Software © 1998-2017 1up! Software, All Rights Reserved