Kane County sheriff cleared of TRUST Act violations, state’s attorney says

The Kane County Sheriff’s Office made the state’s naughty list just two days before Christmas, over its handling of two immigrant detainees. But should it have?

The answer is no, county State’s Attorney Jamie Mosser said this week following her office’s investigation of the claims.

Mosser’s inquiry was launched after the Illinois Attorney General’s Office issued its Way Forward Act Annual Compliance Report on Dec. 23. The report indicates the sheriff’s office twice violated the state’s TRUST and VOICES acts by turning over an immigrant to Immigration and Customs Enforcement on the basis of a civil immigration detainer or warrant.

Under those laws, Illinois police agencies can turn people over to federal immigration authorities only if there is a criminal warrant.

Mosser said she opened the probe because the allegations, if true, could expose the county to civil liability.

But the investigation cleared the sheriff’s office of wrongdoing, and blamed the attorney general’s findings on a reporting error.

“A closer look at these two cases makes it clear that the Kane County Sheriff’s Office did not violate those laws or any other Illinois law,” Mosser said in a statement. “It is unclear where the reporting error reflected in the AG’s report resulted from, but it is unambiguous that neither of these cases involved an unlawful transfer, as is prohibited in the TRUST Act.”

The details

The AG’s report alleges the sheriff’s office transferred two criminal defendants to ICE: Marlon J. Vanegas-Murillo in April 2024, and Lucio Zarate-Gonzalez in January 2025.

However, Mosser said her investigation found that while the sheriff’s office did alert federal authorities that Vanegas-Murillo was in the county jail — as a local judge ordered them to — he wasn’t turned over. Instead he’s currently serving a five-year sentence in a state prison, the investigation found.

Zarate-Gonzalez, Mosser said, was grabbed by ICE, but while he was free on electronic monitoring and independent of any action taken by the sheriff’s office.

Mosser asked the attorney general to issue a corrected compliance report based on her findings.

We reached out to the attorney general for comment, and were told that information in the report comes directly from the law enforcement agencies.

“This summary report does not make investigative findings or legal determinations regarding potential TRUST and VOICES Acts violations,” press secretary Jamey Dunn-Thomason said via email “The report accurately described the information received from Kane County Sheriff’s Office.”

Dunn-Thomason noted that the attorney general has the authority to conduct investigations based on the information it contains.

“Our office does not comment on pending or potential investigations,” she added.

Sheriff responds

In a statement Thursday, the sheriff’s office said it has always operated in full compliance with the TRUST Act and all applicable court orders.

“We remain committed to continuing this approach, serving and protecting the Kane County community while adhering to state law and maintaining public trust,” the statement reads. “We appreciate the State’s Attorney’s clarification and welcome the opportunity for the record to be corrected.”

Electronic monitoring reform

Cook County’s new chief judge announced major changes Wednesday to how the justice system will respond to violations of court-ordered electronic monitoring.

The changes come in the wake of several high-profile electronic monitoring failures, most notably that of a man accused of setting a woman on fire aboard a CTA train in November, after violating his monitoring restrictions at least five times in the days leading up to the unprovoked attack.

Under the updated protocols, it will be considered a major violation if a person is absent from their monitoring for more than three hours. The previous rules set that threshold at 48 hours.

Also, all major violations will be brought before a judge within 24 hours on both weekdays and weekends. Previously, that only occurred on workdays.

Judges will retain discretion on when to issue warrants in response to violations. When a warrant is issued, the Cook County Sheriff’s Office has agreed to expedite service.

“These updates reinforce the Court’s commitment to timely judicial oversight and clear lines of responsibility,” Chief Judge Charles S. Beach II said Wednesday in an announcement of the changes. “Electronic monitoring is a tool of the court, and these protocols help ensure violations are addressed promptly, transparently and consistent with judicial authority.”

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