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updated: 11/8/2017 8:10 PM

Immigration lawsuit filed against McHenry County Sheriff dismissed

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By Sarah Zoellick
Daily Herald correspondent

A class action immigration lawsuit filed against McHenry County Sheriff Bill Prim and his office has been dismissed, according to reports.

The McHenry County sheriff's office announced Wednesday in a news release that attorneys representing a plaintiff voluntarily dismissed the case Tuesday on the verge of another hearing, ending two months of legal proceedings.

"The end of this legal action underscores my contention that we have followed the law and continue to follow the law," Prim said in the release. "As I stated on the day this controversy first began: 'Public safety [is] our foremost consideration.'"

According to the sheriff's office, the controversy began when the Illinois Trust Act went into force and effect in late August. The act allows for the release of inmates who have posted bond or served time and remain in custody solely on a U.S. Immigration and Customs Enforcement (ICE) hold or detainer.

The sheriff's office said Niceforo Macedo-Hernandez, a citizen of Mexico and one of the named plaintiffs in the suit, was held in the jail on domestic battery charges filed after an incident at his home in Crystal Lake, and that the suit accused the sheriff's office of holding Macedo-Hernandez on an immigration detainer in violation of the Illinois Trust Act.

Prim thanked State's Attorney Patrick Kenneally and his staff for the time and effort they devoted to defending the case.

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