The ACLU of Nevada has filed a lawsuit against the Las Vegas Metropolitan Police Department (LVMPD) over its cooperation with U.S. Immigration and Customs Enforcement (ICE) through a 287(g) agreement. This agreement allows LVMPD officers to carry out civil immigration enforcement actions, including executing civil immigration warrants and holding individuals at the Clark County Detention Center for ICE, even when they would otherwise be released.
The ACLU of Nevada argues that this arrangement is not authorized by Nevada law, as the state legislature has not permitted local law enforcement agencies to enter into such agreements with ICE. The lawsuit, ACLU of Nevada v. LVMPD, Case No. A-25-930343-W, centers on the case of Morais-Hechavarria, who remains detained under an ICE hold despite a Nevada judge's order for his transfer to an inpatient treatment facility. The organization claims that the ICE hold, facilitated by the 287(g) agreement, has resulted in indefinite detention for Morais-Hechavarria, obstructing a lawful court order.
Athar Haseebullah, Executive Director of the ACLU of Nevada, stated:
“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.”
Sadmira Ramic, Senior Staff Attorney at the ACLU of Nevada, 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.”
The legal challenge comes as debates continue over the role of local law enforcement in federal immigration matters and the impact on individuals detained under such agreements.