Immigrant detainees will continue to be held at McHenry and Kankakee county jails temporarily, while a federal court considers the counties’ appeal to keep imprisoning detainees into the future.

       The immigrants, charged with violating civil immigration laws, were due to be released by New Year’s Day, under the Illinois Way Forward Act, which prohibits counties from entering federal contracts to jail them.

       But the 7th Circuit U.S. Court of Appeals issued a stay Thursday delaying the law from taking effect until Jan. 13, while it considers the case.

       McHenry and Kankakee county officials had filed suit, alleging that the law exceeds the state’s authority by superseding federal law. Both counties have contracts with U.S. Immigration and Customs Enforcement, or ICE, to keep detainees behind bars until their court hearings. In December, U.S. District Judge Philip Reinhard dismissed the suit, ruling in effect that it limited local officials, not the federal government.

       In 2021, McHenry held about 180 detainees a day, and Kankakee about 120, numbers that had been reduced while fewer detainees are being held during the COVID pandemic. Historically, the contracts had brought about $8 million a year to McHenry and $4 million annually to Kankakee.

       ICE Out of McHenry County, a coalition of groups opposing immigrant detention, held a candlelight vigil this week for the detainees, singing, “Silent Night/Noche de Paz.” The coalition had pushed for McHenry County to end the practice, calling it cruel and unnecessary. But after a heated debate in May, the county board voted to continue the practice.

       “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, a Republican from 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.”

       Fred Tsao, senior policy counsel for the Illinois Coalition for Immigrant and Refugee Rights, emphasized that the court order is a temporary measure.

       “We agree with the district court judge that the law is very clear: The state was fully within its authority to pass the Illinois Way Forward Act and to require the counties to end their contracts with ICE,” Tsao wrote in an email. “We look forward to the full implementation of Illinois Way Forward and the end of immigration detention in Illinois and throughout this country.”

       The detentions are meant to ensure that detainees show up for court, with federal statistics showing about one-third of immigrants didn’t make it to completed cases.

       But a UCLA analysis that included ongoing cases found that 83% showed up for court. More than 80% had no criminal record, while those that do were handled in separate proceedings in criminal court.

       rmccoppin@chicagotribune.com

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