The Kane County Sheriff’s Office did not violate Illinois law after two men facing local criminal charges were taken into federal custody in 2024 and 2025 by immigration agents, contrary to a report recently published by the Illinois Attorney General’s Office, Kane County State’s Attorney Jamie Mosser announced Tuesday.

On Dec. 23, 2025, the Illinois Attorney General’s Office released its Way Forward Act Annual Compliance Report for 2024.

The report alleged the sheriff’s office committed two violations of Illinois law for purportedly transferring two people into the Department of Homeland Security custody, following the receipt of a civil immigration detainer or warrant, the release stated.

“A closer look at these two cases makes it clear that the Kane County Sheriff’s Office did not violate those laws or any other Illinois law,” Mosser stated in the release.

“It is unclear where the reporting error reflected in the AG’s report resulted from, but it is unambiguous that neither of these cases involved an unlawful transfer, as is prohibited in the TRUST Act,” Mosser stated in the release.

The 2017 TRUST Act prohibits local and state law enforcement from working with federal immigration agents or complying with civil immigration warrants. Local law enforcement can comply with a federal criminal warrant, however.

Mosser said her findings showed no violation.

“I ask that the Attorney General’s office issue an amended report that corrects the record, and my office is happy to share any additional information that would help them do so,” Mosser stated in the release. “Today, the TRUST and VOICES Acts are more important than ever.”

The 2018 Voices of Immigrant Communities Empowering Survivors (VOICES) Act expanded protections for immigrant survivors of sexual assault, domestic violence and trafficking. The legislation requires law enforcement to respond to U and T-VISA applications – which allow immigrant survivors to work in the U.S. – within 90 days.

Illinois Attorney General Kwame Raoul’s office did not immediately respond to a request for comment.

The AG report uses self-reported data to summarize state and local compliance with the Illinois TRUST and VOICES Acts. If true, these allegations would have constituted a serious violation of state law and put Kane County at risk of civil liability, the release stated.

As the attorney for Kane County government and the sheriff’s office, Mosser directed her office to review the alleged violations to determine their veracity and potential appropriate next steps, the release stated.

The AG’s report alleged two transfers of individuals to ICE custody from Kane County: One in April 2024 and a second in January 2025. Both were criminal defendants in Kane County.

Marlon J. Vanegas-Murillo – also known as Marlon J. Venegas-Murillo – was arrested in April 2024 on a Class 4 felony, the release stated.

Vanegas-Murillo was released under pretrial supervision.

But Chief Judge Robert Villa entered an order on April 6, 2024, stating that Vanegas-Murillo was “to be held in the Kane County Jail until released to U.S. Government Agency. Sheriff to notify the U.S. Department of Homeland Security, immediately, pursuant to Notice of Action/Immigration Detainer,” according to court documents.

“Kane County jail to notify Kane County SAO as to status of defendant’s custody on 4/8/24,” the court order further reads, records show.

The sheriff’s office followed the court’s order and notified DHS, but only because the judge ordered it, not due to the immigration detainer itself, the release stated.

Vanegas-Murillo was present at his next court date in May 2024 and continued to appear in court. He later pleaded guilty to aggravated battery with a deadly weapon in a different case and is currently serving a five-year prison sentence at the Vandalia Correctional Center, according to IDOC records.

The other person, Lucio Zarate-Gonzalez, was released from jail on pretrial supervision and awaited trial on a felony charge of aggravated domestic battery with strangulation.

Zarate-Gonzalez was released and ordered to wear an electronic monitoring device, records show. On Jan. 22, 2025, he arrived for his scheduled status hearing in Kane County court as he was supposed to do. But DHS arrested him on an U.S. Immigration and Customs Enforcement warrant before his case was called, according to the court record.

When Zarate-Gonzalez did not appear in court, Circuit Judge David Kliment issued a local warrant for violating his pretrial release conditions, which commonly include an order to show up to all future court dates, records show.

In actuality, Zarate-Gonzalez was not in court because when he showed up for his hearing, ICE agents seized him. The sheriff’s office did not issue a transfer, Mosser said.

A public records search did not show where – or if – Zarate-Gonzalez is being held in ICE custody as of Tuesday.

It is Mosser’s determination that the sheriff’s office did not transfer either person into ICE custody in violation of Illinois law. She determined that the Kane County Sheriff’s Office is fully compliant with the Illinois TRUST Act and Illinois VOICES Act, the release stated.