News Summary
The ACLU of Nevada has filed a lawsuit against the Las Vegas Metropolitan Police Department over its partnership with ICE, alleging violations of state law. The lawsuit cites the 287(g) program, which permits local police to detain individuals for transfer to ICE and contends that this practice leads to indefinite detention. The ACLU argues that such actions destabilize communities and harm judicial integrity, emphasizing the need for a legal challenge to the program, given its implications for immigrant communities.
Las Vegas Faces Lawsuit Over ICE Police Partnership
The ACLU of Nevada has initiated a lawsuit against the Las Vegas Metropolitan Police Department (LVMPD) concerning its partnership with the U.S. Immigration and Customs Enforcement (ICE). The legal action, filed in Clark County District Court, is represented by the case of Sergio Morais-Hechavarria, who remains in detention due to an ICE hold.
The lawsuit claims that the agreement between LVMPD and ICE, known as the 287(g) program, violates state law by permitting local police to detain individuals to facilitate their transfer to ICE. The 287(g) program’s practice of holding undocumented individuals beyond their scheduled release dates has come under scrutiny. The ACLU contends that this operation contravenes the Dillon’s Rule principle, which limits local entities from exercising powers not explicitly endorsed by the Nevada Legislature.
The legal complaint highlights that state law requires the federal government to cover the costs involved in housing detainees within county jails, further emphasizing potential financial implications of the partnership. The ACLU has pointed out that the LVMPD has received numerous requests from ICE in recent months, amounting to a total of 957 requests as of September 1.
Allegedly, the enforcement of civil immigration violations through local law enforcement contradicts Nevada law, which prohibits peace officers from making arrests for civil matters. The implications of these legal definitions have led to Morais-Hechavarria being subjected to what the ACLU describes as “indefinite detention,” a situation compounded by a judge’s prior order for his transfer to an inpatient treatment facility.
Legal Challenges and Community Impact
The lawsuit identifies Clark County Sheriff Kevin McMahill as a named defendant in the proceedings. Notably, LVMPD has refrained from commenting on the ongoing litigation. Previously, the ACLU sought to acquire records pertaining to immigration enforcement actions taken by LVMPD, signaling escalating scrutiny over the department’s practices.
Beyond the specifics of the lawsuit, the ACLU’s executive director has expressed concerns regarding the ramifications of the LVMPD’s collaboration with ICE, citing potential destabilization of communities and harm to the judicial system’s integrity. The organization aims to challenge the legality of the 287(g) agreement, hoping for a court ruling that would terminate the arrangement between the local police and federal immigration officers.
Background of the 287(g) Agreement
This current lawsuit marks a notable moment in the ongoing debate over the 287(g) program. Prior to this agreement, LVMPD had previously entered into a similar arrangement that was suspended in 2019 after a federal court ruling. The nature of the current agreement and its implications for residents—especially those from immigrant communities—continues to raise significant legal and ethical questions.
The outcome of the ACLU’s lawsuit could have far-reaching consequences not only for Morais-Hechavarria but potentially for many individuals who may find themselves entangled in similar enforcement actions under the ongoing partnership between LVMPD and ICE.
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Additional Resources
- The Nevada Independent
- News 3 Las Vegas
- Courthouse News
- Nevada Current
- Fox5 Vegas
- Wikipedia: 287(g) program
- Encyclopedia Britannica: U.S. Immigration and Customs Enforcement
- Google Search: Las Vegas Metro Police ICE partnership
- Google News: ACLU Las Vegas ICE
- Google Scholar: 287(g) program legal issues
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