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We filed a class action lawsuit, in collaboration with the ACLU and the UNLV Immigration Clinic, against the Department of Homeland Security (DHS), challenging a new federal policy that unlawfully denied immigrants their right to a bond hearing. For decades, people who were living in the U.S. and later detained by immigration authorities were entitled to a bond hearing under federal law. The DHS has now reversed this precedent by reclassifying these longtime residents as “applicants for admission,” thereby stripping them of their right to ask a judge for release. Now, under this new policy, anyone who entered the United States without inspection is detained while their immigration case moves forward without the opportunity for a bond hearing, also known as a custody redetermination hearing. This is a direct attack on due process. People who have lived in Nevada for years are now being held for prolonged periods of time in civil detention facilities without knowing when, or if, they’ll ever see a judge. Our class action seeks to reaffirm the right to a bond hearing for immigrants arrested inside of the United States and prevent them from being unlawfully detained without the possibility of release and in violation of their due process rights.

Redacted Records Suggest Existence of Signal Group Chats Between ICE and the Nevada DMV Alongside Potential Warrantless Disclosure of Information Possessed by DMV

The ACLU of Nevada, alongside Nevada Attorneys for Criminal Justice, filed an amicus brief asking the court to strengthen due process protections and ensure defendants receive fair trials. In this case, the state made mid-trial disclosures of critical evidence—information that could have helped the defense. The state’s delayed disclosure hindered the defense’s ability to prepare an effective case, and the defendant is now asking that his conviction be reversed due to the state’s failure to meet its legal obligations to disclose evidence in a timely manner. Our amicus brief argues that the convictions should be overturned when delays in the disclosure of evidence violate a defendant’s right to Due Process, as well as when the State, in bad faith, fails to comply with Nevada discovery laws.

Legislation touted Tuesday by Gov. Joe Lombardo and law enforcement officials from Northern Nevada would turn back the clock on modest reforms passed by lawmakers with bipartisan support in 2019.