- Associated Press - Wednesday, April 12, 2017

CHICAGO (AP) - A Honduran immigrant who says he posted bail but remains jailed in 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.

Santos was arrested April 1 on domestic violence charges. The lawsuit says his sister posted bail, but 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 an immigration case and his incarceration violates his due process rights.

The lawsuit names Lake County authorities, including Sheriff Mark Curran. His spokesman declined to comment on pending litigation.

ICE declined comment.

Santos has lived in the country for 16 years and has U.S. citizen children.

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