McHenry County State’s Attorney’s Office ‘disappointed’ regarding the dismissal of a federal lawsuit to keep ICE contract

MCHENRY COUNTY – As residents may recall, on May 18, the McHenry County Board voted against a resolution that would have terminated a month-to-month contract the county has with the U.S. Marshals and Immigration and Customs Enforcement (ICE).

McHenry County has held a contract with ICE since 2005 but later modified their agreement in 2015 to remove any verbiage relating to long-term commitments.

Despite a victory for supporters of the ICE contract in McHenry County, this would not be the end for those looking to fully dissolve any involvement Illinois has with that agency.

On May 31, the Illinois State House voted to pass the Illinois Way Forward Act (SB 667) by a vote of 68-47. SB 667 would end ICE contracts with local prisons, and prohibit local police from collaborating with ICE on civil immigration enforcement, according to the Illinois Coalition for Immigration and Refugee Rights (ICIRR).

ICIRR states that the goal of the Illinois Way Forward Act is to protect immigrants from facing deportation should they interact with local law enforcement, while also ensuring that “local and state law enforcement do not stray from areas within their legal authority and responsibility.”

SB 667 was officially signed into law by Gov. JB Pritzker on Aug. 2, making Illinois the second state in the nation to require local officials to end partnerships with ICE.

Following the announcement of this new Senate Bill, McHenry County State’s Attorney Patrick Kenneally released a statement that his office would be filing a federal lawsuit in the U.S. District Court on behalf of McHenry and Kankakee Counties challenging the legality of SB 667.

“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,” said Kenneally in a Sep. 2 press release.

Kenneally added that the McHenry County jail is a preferred provider of ICE detention because of its excellent 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 most stringent standards for protection, safety, and humanity,” said Kenneally. “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.”

McHenry County Chairman Mike Buehler (R-Crystal Lake) pointed out that the revenue from McHenry County’s contract with ICE contributed to the county’s overall fiscal health, with the average revenue from the contract over the last five fiscal years exceeding $8 million per year.

“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,” stated Buehler at the time.

Regardless of the two counties’ best efforts, on Dec. 6, U.S. District Court Judge Philip G. Reinhard dismissed the case.

“The court’s ruling in this particular matter is extremely disheartening, and quite frankly shows a clear overreach by the Illinois General Assembly and Governor Pritzker by not only overpowering local government control but also that of the United States Constitution,” said Kankakee County Sheriff Mike Downey.

He continued, “This decision will have absolutely no impact on these detainees being released. In fact, they will undoubtedly be transferred to other states, all the while forcing families of these detainees to travel much farther to visit their loved ones all due to typical partisan Illinois politics in Springfield. We have every intention of appealing the District Court’s decision. Revenue generated while housing for ICE helps to offset the burden of housing local inmates. Governor Pritzker has continued to advance his pro-criminal anti-law enforcement agenda, and law-abiding citizens end up footing the bill.”

Kankakee and McHenry counties are two of three counties in Illinois that houses ICE detainees for the Department of Homeland Security, with Pulaski County being the third.

The McHenry County State’s Attorney’s Office stated that while they respect Judge Reinhardt’s ruling, they plan on following Kankakee County’s direction to appeal the decision in the Seventh Circuit U.S. Court of Appeals.

“The Illinois Way Forward Act is another example of how the current legislative assembly is likely one of the most partisan and dogmatically rigid in Illinois history. A legislative assembly that has precious little time for the perspectives of the residents in outlying counties like McHenry and Kankakee,” said Kenneally. “As such and when legally tenable, we at the McHenry County State’s Attorney’s Office will continue to push back against the obscurity and futility that the Chicago bulwark in Springfield wishes to cosign us to.”