Attorney General Aaron D. Ford has announced the release of model immigration policies mandated by Nevada law, specifically NRS 228.206 and 228.208. The policies aim to provide guidance for law enforcement agencies, courts, higher education institutions, health care facilities, and K-12 public schools.
Ford emphasized that the Nevada Legislature intended these policies to limit immigration enforcement in certain public spaces to ensure safety and accessibility for all residents regardless of their immigration status. "By engaging in a multi-year process with stakeholders, we are confident that these goals have been met," he stated.
The development of these policies involved extensive research into federal and state laws as well as existing regulations and executive orders related to immigration enforcement. The Office of the Attorney General examined similar policies from states like Oregon, New Jersey, and Connecticut.
Stakeholders involved in revising the initial draft included the Keep Nevada Working Task Force, the Nevada Immigrant Coalition, K-12 educators, higher education representatives, law enforcement officials, and judicial system representatives.
While these policies are recommendations rather than mandates, any entity choosing not to adopt them must explain its decision to the Attorney General's office and provide its current immigration policy. These recommended policies do not serve as legal advice; entities should consult their legal counsel for compliance.
Importantly, these model policies do not prevent Nevada law enforcement from complying with state or federal laws or valid court orders. They are designed to help distinguish between criminal processes issued by courts and civil administrative notices from federal immigration agents. The policies clarify that there is no obligation for Nevada's law enforcement to enforce civil immigration detainers or administrative warrants unless they are court-issued criminal processes.
Review of the Model Immigration Policies is available upon request.