ACLU of Nevada Files Suit Against LVMPD for Cooperation with ICE

Today,  the ACLU of Nevada filed a lawsuit challenging the Las Vegas Metropolitan Police Department’s (LVMPD) 287(g) agreement with ICE. The agreement allows ICE to use local law enforcement to assist in carrying out its federal immigration enforcement agenda.

Under the agreement, LVMPD officers can execute civil immigration warrants and hold illegal aliens in custody at the Clark County Detention Center on behalf of ICE “when they would otherwise be released,” ACLU of Nevada announced in a press release.

ACLU NV contends that the cooperation between LVMPD and ICE “violates Nevada law because the state legislature has never authorized local law enforcement to enter into 287(g) agreements.”

“The lawsuit, ACLU of Nevada v. LVMPD, Case No. A-25-930343-W, is filed on behalf of ACLU of Nevada client Morais-Hechavarria, who remains detained under an ICE hold, despite a Nevada judge ordering his transfer to an inpatient treatment facility. The unlawful hold, caused by ICE’s 287(g) agreement with LVMPD, has trapped him in indefinite detention, directly obstructing a lawful court order issued by a Nevada judge.”

Morais-Hechavarria was found guilty of attempted possession of a stolen vehicle. “He was sentenced by Judge Tara Newberry Clark to an inpatient treatment facility for substance abuse and mental health, and upon completion, to outpatient treatment. Instead, he is being held in the Clark County Detention Center,” according to the Nevada Current.

“While ICE officials seemingly believe they can use local police to further destabilize communities, we don’t subscribe to their theory. LVMPD’s 287(g) agreement with ICE, signed after the federal government idiotically labeled Las Vegas a ‘sanctuary city’ without even defining ‘sanctuary city’ and forces Nevada taxpayers to cover the cost of ICE’s work while simultaneously disregarding a lawfully issued order by a Nevada court requiring our client to undergo treatment. If a Nevada judge orders someone into treatment as part of a sentence, regardless of their immigration status, that sentence is to be served. A person shouldn’t rot in a detention facility when ordered into treatment because the federal government has pressured local governments and local police into complicity with a disastrous, destabilizing, and destructive approach to immigration enforcement. ACLU of Nevada remains committed to building a firewall for freedom that all Nevadans, including the ones who despise us, can benefit from as the federal government continues to try to find ways to erode civil liberties and due process,” said ACLU of Nevada Executive Director Athar Haseebullah.

In a press conference, Haseebullah cited that Nevada was a Dhillon’s law state whereby any state agency, including LVMPD, cannot act without the express approval of the state’s legislative body.

According to the ACLU; “In Nevada, sheriffs and political subdivisions, such as LVMPD, have no existence or powers except by grant of Nevada’s Legislature.”

Sadmira Ramic, ACLU of Nevada Senior Staff Attorney, added: “This is not just a civil rights issue but has transformed into a human rights issue. A Nevada Court judge ordered our client to be transferred to inpatient treatment. Instead, he remains trapped in jail indefinitely because LVMPD entered into an unlawful agreement and is following ICE’s instructions to hold him. This overreach by local law enforcement blocks rehabilitation, undermines our judicial system, and creates unnecessary suffering for our client and his family. The law is clear that local entities cannot act unilaterally. We will continue to fight to ensure our judiciary isn’t disregarded.”

In August, the ACLU of Nevada filed a lawsuit against the Nevada Department of Motor Vehicles (DMV) for repeatedly refusing to release documents detailing its communications with ICE.

In September, the Globe reported that the U.S. Department of Justice and Nevada signed a Memorandum of Understanding which removed Nevada’s “sanctuary state” designation assigned by the DOJ earlier this year.

Per the agreement, Nevada will comply with federal immigration law, continue to use the Nevada National Guard to administratively assist with immigration enforcement, and use FEMA funds to assist in immigration operations.