New immigration law put to test after man being held at McHenry Co. Jail

WOODSTOCK, Ill. -- A man in McHenry County charged with domestic battery, is being held in jail due to immigration issues and his attorneys said that's in violation of the newly signed Illinois TRUST Act.

Attorneys for Niceforo Hernandez-Macedo, 46, will be at the county jail Monday to get him released from bond under the new TRUST Act. They are arguing that the sheriff is violating the law by refusing to release their client and are calling the sheriff’s actions inhumane.

Hernandez-Macedo is a landscaper and father of three. He has been in the country for 20 years.

He is being accused of grabbing his wife’s wrists and scratching her.

On Friday, his daughter came to the county jail with $500 for bond but the sheriff’s department would not release Hernandez-Macedo saying there was an ICE hold and that his legal status was not clear.

Over the weekend, the sheriff defended his actions.

Governor Bruce Rauner signed the TRUST Act one week ago. Under the law, local police cannot hold someone solely because of immigration status.

There is a hearing scheduled for Wednesday.