A Rolling Meadows man facing child sex abuse charges in McHenry County never made it to his latest court date after federal immigration agents grabbed him at Rivers Casino in Des Plaines on Nov. 9. His attorney told a McHenry County judge that the man, Jose Luis Cortes-Luna, is now in ICE custody at a federal facility in El Paso, Texas, and cannot be produced for a hearing currently set for Dec. 10.
ICE Arrest And Federal Custody
According to Shaw Local's Northwest Herald, Cortes-Luna, 44, was arrested "without incident" by ICE officers on Nov. 9 at Rivers Casino and is now listed in Homeland Security custody in an El Paso detention facility. The agency told the outlet he entered the United States near El Paso after paying a smuggler $2,500 and has lived in the country for more than 20 years. ICE also cited a prior criminal history that includes DUI and a felony aggravated sexual assault.
Defense Pushes To Slow State Case
Defense attorney Stavri Vako told the judge he has moved to withdraw Cortes-Luna’s October waiver of a jury trial, arguing that his client’s detention by federal authorities means he cannot appear in person as planned. "The feds don't care about the state courts," Vako said, explaining that an immigration attorney is seeking bond so Cortes-Luna can return to Illinois for the Dec. 10 hearing, Shaw Local's Northwest Herald reported.
Allegations In The McHenry Case
Court records show Cortes-Luna is charged in McHenry County with grooming and aggravated sexual abuse of a child, tied to alleged misconduct in 2023 and 2024. The complaint describes what prosecutors say was a "pinky promise" intended to stop the girl from telling her mother. Prosecutors also told the judge that an ankle monitor in the case had "timed out" and that Cortes-Luna’s last known location was Chicago, prompting requests that he be brought in for the December court date.
Broader Clash Over Courthouse Arrests
The case lands in the middle of a growing tug-of-war in Illinois over when and where federal immigration agents can move in on defendants connected to state court cases. In response to recent enforcement operations in and around courthouses, state lawmakers approved legislation restricting civil immigration arrests near court buildings and creating a path for private lawsuits against agents who violate those limits. Cook County’s chief judge has also issued an order limiting arrests at county court facilities, according to the Associated Press.
Why ICE Custody Complicates The Local Prosecution
Defense attorneys say situations like Cortes-Luna’s can throw a wrench into state criminal proceedings. Once a defendant is moved into ICE custody, state cases often slow down while immigration issues play out, and communication between local prosecutors and federal agencies can be spotty at best. Prosecutors, for their part, argue that serious allegations still have to move forward and note that judges can issue writs to demand a defendant’s presence. But getting someone transported from a distant federal facility back to a local courtroom can be slow, uncertain, and logistically messy.
What Happens Next
For now, the Dec. 10 hearing is still on the books. The defense has asked the court to delay the case until Cortes-Luna can either be released on bond in his immigration matter or transported back to Illinois. How quickly the McHenry County prosecution moves from here will largely depend on how well local prosecutors and federal officials in Texas coordinate over when, or if, he returns to the courtroom.
