06/03/2026
STATE’S ATTORNEY MOSSER AND UNDERSHERIFF AMY JOHNSON ISSUE STATEMENT ADDRESSING ICE ARRESTS OUTSIDE OF JAIL
On the evening of Sunday, May 31, a video was taken and shared online of federal immigration agents arresting two men in front of the Kane County jail. The men were being released from the jail and were serving sentences of periodic imprisonment, a sentence that allows them to fulfill their jail time exclusively on weekends.
Members of the community were present during the arrests, as was a Kane County Sheriff’s Deputy. As seen in the video, the deputy was inquiring about the owner of a lost debit card. He was not involved with the federal immigration action.
We would like to remind the community that pursuant to the Illinois TRUST Act, local law enforcement cannot assist federal agents in executing civil immigration warrants. The Kane County Sheriff’s Office is fully compliant with the TRUST Act and did not coordinate in any way with the federal agents who conducted these arrests.
However, Illinois law does not prevent federal immigration arrests like the ones conducted Sunday. This is because Illinois law does not stop agents from viewing public court records and jail records, nor does it stop agents from entering public spaces like the courthouse parking lot.
Another point of confusion is Illinois House Bill 1312, which allows certain people to personally sue ICE in civil court and win monetary damages. HB 1312 applies to those arrested on civil immigration warrants within 1,000 feet of a courthouse while on their way to attend court. It does not apply to other individuals near the courthouse, such as those reporting to or leaving jail.
With that being said, Illinois law does not allow police or sheriff’s offices to enforce HB 1312. The impacted individuals must personally sue ICE in civil court.
While local police do not play a role in HB 1312 enforcement, you should still call 9-1-1 immediately for any life-threatening emergency or event requiring immediate police, fire, or medical assistance. Do not hesitate to dial if there is an in-progress crime or threat to safety.
As an added resource, the Illinois Attorney General’s Office provides “Know Your Rights” public awareness materials for immigrants interacting with law enforcement. The fact sheets are available in English, Spanish, and Polish, and can be found at https://illinoisattorneygeneral.gov/rights-of-the-people/civil-rights/immigration/
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(Posted on June 3, 2026)