McHenry County Government: Federal Appeals Court Stays Order To Terminate ICE Detainee Contract

Huntley IL

31 December, 2021

11:55 AM

Description

Press release from the McHenry County Government: 12/30/2021 3:58 PM WOODSTOCK, Ill. – The McHenry County Jail will continue to house US Immigration and Customs Enforcement detainees while a federal court considers the County's lawsuit challenging the Illinois Way Forward Act. The 7th US Circuit Court of Appeals earlier today issued the order, which extends McHenry County's deadline to exercise the termination clause in its contract with ICE from Jan. 1 to Jan. 13, 2022. McHenry County's contract with ICE requires 30 days' written notice before termination to allow ICE time to remove detainees from the jail's custody. "We're very glad to get this stay to preserve our longtime contract with ICE as we argue our case," County Board Chairman Mike Buehler, R-Crystal Lake, said. "The Illinois Way Forward Act is an unconstitutional and poorly thought out law that was hastily thrown together by the General Assembly to make a political statement regarding current federal immigration enforcement. We thank the 7th Circuit for their understanding, and we look forward to making our case." McHenry County and Kankakee County filed suit Sept. 1 in US District Court to challenge the constitutionally of the act. The court dismissed the case Dec. 7, and both counties appealed the ruling shortly thereafter. "We are pleased with this decision by a higher court," State's Attorney Patrick Kenneally said. "We are eager to continue this fight, pushing back against hasty and politically punitive legislation micromanaging the affairs of counties at the behest of Springfield activists."  The counties' lawsuit alleges that the Illinois Way Forward Act violates the Supremacy Clause of the US Constitution – which prohibits states from interfering with the federal government's exercise of its constitutional powers – as well as case precedents forbidding state and federal government from intruding on each other's sovereignty. The forced termination of the contract will not mean that ICE will be releasing its detainees from the County Jail; they will be relocated to facilities in other states, which will force families of detainees to travel much farther to visit while their loved ones await their hearings. Also, the loss of revenue from the contract will hurt residents countywide in the form of diminished services or potential tax increases in future years. The McHenry County Jail is one of only four county jails in Illinois to have American Correctional Association accreditation, which is awarded for having the highest and most stringent standards for "protection, safety, and humanity." Contrary to the General Assembly's rushed bill, the County Board spent a year studying and thoughtfully deliberating whether the ICE contract should be continued, before voting in May to keep it.   This press release was produced by the McHenry County Government. The views expressed here are the author's own.