LVMPD Ignores Underlying Nevada Court Order in ACLU of Nevada’s 287(g) Challenge and Transfers Detainee to ICE Custody

LAS VEGAS – The American Civil Liberties Union of Nevada has supplemented its petition challenging the Las Vegas Metropolitan Police Department (LVMPD)’s 287(g) agreement. The supplement comes as a result of LVMPD unlawfully transferring its client to U.S. Immigration and Customs Enforcement (ICE) custody without notice, just days after a lawsuit was filed on his behalf, and raises additional questions about LVMPD’s authority to ignore orders issued by Nevada district courts.

The organization’s client, Sergio Morais-Hechavarria, has since been moved to Texas under a federal immigration hold. ACLU of Nevada says the transfer not only violated his rights, but also undermines the authority of Nevada’s judicial system, exposing a dangerous breakdown in the separation of powers between state and federal government.

The lawsuit, filed last week, challenges LVMPD’s 287(g) agreement with ICE—a contract that deputizes local officers to perform federal immigration enforcement duties without authorization from the Nevada Legislature. The ACLU of Nevada argues that LVMPD’s cooperation with ICE in this case directly obstructed a state court order and violated Nevada’s constitutional framework by allowing a federal administrative detainer to override judicial authority.

ACLU of Nevada executive director Athar Haseebullah said:

“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.”