Father Of 3 Faces Deportation As Dispute Continues Over New Immigration Law

MCHENRY COUNTY, IL -- A suburban father of three, who has lived in the U.S. for nearly 20 years, remains in custody Wednesday as local officials and his attorneys fight over whether a new state law means he should be released from an immigration hold. Now facing deportation, Niceforo Macedo-Hernandez, a 46-year-old Crystal Lake man who is not legally authorized to live in the U.S., was initially taken into custody a month ago on a domestic battery charge, the Chicago Tribune reports. On Tuesday, a judge in McHenry County denied Macedo-Hernandez's request for release and said it was not his place to rule on the new Trust Act -- a just-passed state law that his family and attorneys says should allow him to walk free.

Signed into law last week, the Trust Act "provides that a law enforcement agency or official shall not detain or continue to detain any individual solely on the basis of any immigration detainer or administrative warrant, or otherwise comply with an immigration detainer or administrative warrant after that individual becomes eligible for release from custody."

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Last Friday, Macedo-Hernandez's 17-year-old daughter, Melissa Macedo, headed to the McHenry County Jail with the $500 bail her family believed was needed for his release under the domestic battery charge, the Northwest Herald reports. Macedo-Hernandez, who worked as landscaper prior to his arrest, was taken into custody on Aug. 8 for allegedly grabbing his wife's wrists and causing redness and cuts to her arm.

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He remained in custody for a month on that charge and an immigration hold.

After the Trust Act was passed, Macedo-Hernandez's family believed the local man would be able to go free after he posted bail on the misdemeanor domestic battery charge, the Northwest Herald reports. His teenage daughter ended up waiting for eight hours on Friday to post his $500 bail, only to learn her father would not in fact be released but instead would be transferred into ICE custody.

On Friday, the sheriff's office issued the following statement:

We have a public act less than a week old with a sweeping effect that has yet to be interpreted by any court. Our objective at this point is to move slowly and cautiously, with public safety as our foremost consideration, consistent with constitutional responsibilities. We are working in cooperation with the State’s Attorney’s Office and have requested guidance from federal and state authorities. The defendant in question is charged with a crime of violence, which makes us even more reluctant to make hasty decisions. The Defendant, through his attorney, has agreed to allow us additional time to investigate the matter further by continuing the motion until next week.

During a court hearing Tuesday, McHenry County prosecutors argued the Trust Act is unconstitutional and is "pre-empted by federal immigration law," according to the Chicago Tribune.

McHenry County State's Attorney Patrick Kenneally also said in a motion Tuesday that the Trust Law "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," according to the Northwest Herald.

Futhermore, prosecutors said Tuesday's emergency motion is a matter to be taken up in civil court and should not even be heard in criminal court.

Meanwhile, defense attorney Jeannie Ridings argued the McHenry County judge has the right to release Macdeo-Hernandez under the Trust Law "because the court sets the bond and any necessary conditions," according to the Northwest Herald.

As of Wednesday, Macedo-Hernandez remained in ICE custody at the McHenry County Adult Correctional Facility, according to online ICE records. Moving forward, local officials believe decisions made in the case could affect the nearly 250 other immigrant detainees that McHenry County is currently holding under its contract with the federal government, according to the Chicago Tribune.

More via the Chicago Tribune and the Northwest Herald

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