The American Civil Liberties Union (ACLU) of Nevada has updated its legal petition against the Las Vegas Metropolitan Police Department (LVMPD) regarding the department’s 287(g) agreement with U.S. Immigration and Customs Enforcement (ICE). The move follows LVMPD’s transfer of Sergio Morais-Hechavarria, a client represented by the ACLU of Nevada, to ICE custody in Texas. This transfer occurred without notice and only days after a lawsuit was filed on Morais-Hechavarria’s behalf.
The ACLU of Nevada argues that this action not only violated Morais-Hechavarria’s rights but also undermined the authority of Nevada's courts. The organization claims that LVMPD’s cooperation with ICE bypassed a state court order and allowed federal administrative detainers to override judicial decisions made at the state level.
The underlying lawsuit, filed last week, challenges LVMPD's participation in the 287(g) program. Under this agreement, local police officers are authorized to perform certain federal immigration enforcement duties. The ACLU of Nevada contends that such agreements lack authorization from the Nevada Legislature and create conflicts between state and federal authority.
Athar Haseebullah, executive director of the ACLU of Nevada, stated:
“LVMPD releasing Mr. Morais-Hechavarria into ICE custody immediately after we filed a legal challenge to their unlawful cooperation with ICE is egregious. If a local government agency like LVMPD is permitted to arbitrarily enter into agreements with the federal government with no state legislative authorization to do so and to thereafter disregard a lawfully issued Nevada court order at its own discretion, we face a major separation of powers issue with both our state legislature and state judiciary lacking coequal power. Our challenge to LVMPD’s reckless and unlawful agreement with ICE is moving forward, and we remain confident in our arguments as we fight to preserve the integrity of Nevada’s judicial system, the Nevada legislature, and the civil liberties we hold dearly. We aren’t in the business of bending the knee.”