WOODSTOCK — Niceforo Macedo-Hernandez, 46, of Crystal Lake, was scheduled to appear in front of a McHenry County judge Tuesday morning, but he was not in McHenry County jail when his defense lawyers arrived for the hearing.
Macedo-Hernandez's daughter, 17-year-old Melissa Macedo, spent hours on Friday attempting to post bail for her father per Gov. Bruce Rauner's recently signed Trust Act. The act prohibits local and state police from searching, arresting or detaining a person simply because of their immigration status.
Macedo waited eight hours to post $500 bail for her father, although a correctional officer told her that her father would not be released. Macedo-Hernandez was informed later that evening, according to his defense lawyer, that he was going to be transferred and U.S. Immigration and Customs Enforcement officials would pick him up no later than Tuesday.
Defense Lawyer George Kililis filed multiple motions to ensure his client's case was heard before Macedo-Hernandez was taken into ICE custody.
When lawyers arrived Tuesday morning, they learned Macedo-Hernandez had already been taken into ICE custody. McHenry County State's Attorney Patrick D. Kenneally said he was unaware Macedo-Hernandez had been taken by ICE and asked McHenry County Sheriff Bill Prim to get him back, per a court order for the scheduled hearing.
McHenry County Judge Michael Feetterer signed a writ attempting to get Macedo-Hernandez back for a hearing at 1:30 p.m. Tuesday.
Because Macedo-Hernandez is in federal custody, it could be more difficult to bring him back into county custody.