State law ending immigrant detention in McHenry, Kankakee country jails is upheld by federal appeals court

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State law ending immigrant detention in McHenry, Kankakee country jails is upheld by federal appeals court
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The loss of the federal contract to hold the detainees likely will create a $6 million hole in the McHenry County budget, an official said.

An undocumented man from Mexico sits in the McHenry County Jail in Woodstock on Tuesday, March 7, 2017.

“I’m disappointed with the outcome,” McHenry County board Chairman Michael Buehler said. “It’s an erosion of local control. It does absolutely nothing . Every one of the detainees was shipped to other facilities or released for other reasons.”Buehler did not anticipate the county appealing the recent ruling. The loss of the federal contract to hold the detainees likely will create a $6 million hole in the county budget that will have to be filled, he said.

The controversy was prompted by the Illinois Way Forward Act, signed into law by Gov. J.B. Pritzker in August 2021, which prohibits local governments from contracting with the U.S. Immigration and Customs Enforcement to jail people detained while awaiting a hearing on alleged immigration violations. But the three-judge appellate panel, with an opinion written by U.S. Judge David Hamilton, found that the state law didn’t conflict with federal law.

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