ACLU of Nevada's Concerns About 287(g)

The ACLU of Nevada opposes the 287(g) program and has urged that Metro decline to participate. 

1. 298(g) wastes local law enforcement resources. To participate in the 287(g) program the local agency must pay all expenses, yet ICE can cancel at any time. 
2. Enforcement of immigration laws is the responsibility of the federal government. Local law enforcement should not take on the task of enforcing federal laws. Instead, local police departments should focus on their job: maintaining the safety of the entire community. Not only will 287(g) take up officers’ time, but 287(g) will also make it harder for Metro to do its job because it will hinder Metro’s ability to work with the community and talk to witnesses and victims of crime.
3. The community will not be safer if Metro is hamstrung by 287(g). Due to 287(g) and overlapping roles between Metro and ICE, the immigrant community will associate Metro with ICE and 287(g). When police departments engage in these kinds of practices, people are hesitant to reach out to law enforcement to report crimes or serve as witnesses, which in turn makes it harder to investigate and prosecute serious crimes. "Metro should get back to the business of enforcing local laws, focusing on serious crimes rather than someone’s possible federal civil violations, and reaching out to diverse groups to maintain a safe environment for the whole Las Vegas community, said Judy Cox, ACLU of Nevada Attorney.
4. The 287(g) agreement does not require law enforcement agencies to monitor the effects of the program. Under the revised agreement, enforcing agencies are actually prohibited from sharing information about the program or individuals who are detained, a provision that the ACLU of Nevada says “flies in the face of the fundamental right of taxpayers” to know what public agencies are doing. Furthermore, the new agreement explicitly states that participating agencies are not required to keep track of detailed information.
5. Due to the chilling effect of 287(g), the immigrant community will be more vulnerable to abuse. Under this program, even victims of crime and people who have done nothing wrong may be deterred from cooperating with Metro. Instead, they will equate Metro with ICE and keep quiet for fear of deportation. A member of the public commented that they were glad that they could now beat up an immigrant without recourse – presumably because the immigrant would not call the police for fear of being arrested for assault and battery. Each and every person living in Las Vegas, regardless of immigration status, should feel confident that Metro is there to protect them, not deport them. 287(g) should not serve as a permission slip to victimize immigrants.
6. 287(g) may lead to mistakes and targeting, questioning, and arresting people based on physical appearance and race. While the ACLU is not questioning the motives or integrity of Metro, we are concerned that the program may lend itself to racial profiling and that individual officers may not stick to the confines of the program and improperly question community members about their immigration status.

Under a similar 287(g) program, the Los Angeles County Sheriff’s Department deported a mentally disabled U.S. citizen named Pedro Guzman. Guzman had no identification when he was arrested and could not provide information about his status to law enforcement. He wandered homeless on the streets of Mexico for 3 months until his mother – who had to quit her job to look for him –finally found him near a border crossing entry point. U.S. citizen Guillermo Olivares Romero was held in a California immigration detention center for two weeks before his lawyers convinced ICE that he was not deportable. U.S. citizen Jose Ledesma was held for two months in a California immigration detention center even though he had provided copies of his birth certificate and baptismal certificate to authorities. See http://chirla.org/files/287g%20Factsheet%2011-24-08.pdf for information on the 287(g) program in Southern California.

The ACLU of Nevada is committed to working with Metro and the community to monitor the operation and effects of 287(g). If you have information about the effect of 287(g), please email the ACLU of Nevada at immigration@aclunv.org.

• 287(g) Complaint Form - English
• Queja de Inmigración / La Policía / 287(g)