LAS VEGAS – A Carson City judge today ordered the Nevada Department of Motor Vehicles to turn over all communications between the DMV and ICE for a private review by the judge. The court expressed concerns related to the agency’s conduct in initially denying the existence of any such records and thereafter delaying the production of the records to the ACLU of Nevada.
In the Friday morning hearing, District Court Judge Kristin Luis noted that DMV emails in the records suggested the requests were not treated as a priority. The court ordered the DMV to submit a sworn declaration within five days certifying that it has searched all responsive records. The declaration must also include information about the agency’s use of Signal, an encrypted messaging app. The court, in expressing deep concern related to the DMV’s treatment of the ACLU of Nevada's requests for records, indicated that civil penalties against the agency may be on the table.
ACLU of Nevada executive director Athar Haseebullah said:
“The DMV’s actions in cooperating with ICE and then hiding records from the public are baffling. Every missing record, every unexplained gap, and every month-long delay strips the public of our ability to understand what our own state government is doing as ICE and the federal government continue to violate the Constitution all across the country. During today’s hearing, the court expressed serious concerns about the DMV’s conduct related to its handling of the records we requested, and we’re grateful the court understands the seriousness of the DMV’s actions. We will have more updates in the next few weeks after the court conducts its review of the records. In the meantime, any state or local government entity that is unlawfully colluding in secrecy with the federal government will be discovered and will be held accountable. To those who have no problem with ICE unlawfully accessing your personal information, feel free to go volunteer that information yourself. For everyone else, ACLU of Nevada will continue to fight for your right to be free from unlawful government intrusion, period.”
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