CHICAGO (AP) — A Honduran immigrant who posted bail but remains at a northern Illinois jail on the request of immigration authorities has filed a federal complaint calling his detention unconstitutional.
The Mexican American Legal Defense and Education Fund sued on behalf of Emil Santos of Fox Lake.
He was jailed on domestic violence charges, but not released after posting bail. Immigration and Customs Enforcement issued a detainer, which seeks to hold an immigrant who could face deportation.
MALDEF said Wednesday that Santos hasn’t been notified of any immigration case and his incarceration violates his due process rights.
The lawsuit names Lake County authorities, including Sheriff Mark Curran.
His spokesman didn’t immediately comment.
ICE declined comment.
Similar lawsuits have been filed nationwide.
Santos has lived in the country for 16 years and has U.S. citizen children.
