The ACLU of Nevada has filed a notice of appeal with the Nevada Supreme Court, seeking to revive its legal challenge against the Las Vegas Metropolitan Police Department’s (LVMPD) participation in the federal 287(g) program with U.S. Immigration and Customs Enforcement (ICE). Last month, a Clark County judge dismissed the case on procedural grounds.
The original lawsuit, Morais-Hechavarria v. LVMPD, filed in October 2025 in Clark County’s Eighth Judicial District Court, argued that the local-federal agreement exceeds LVMPD’s authority under Nevada law. The 287(g) program deputizes local officers at the Clark County Detention Center to perform immigration-related tasks, like database checks, issuing civil detainers, and holding individuals for ICE pickup for up to 48 hours beyond their scheduled release.
The ACLU contends that participation violates Dillon’s Rule and can conflict with state court orders, including those directing inpatient treatment for individuals. The LVMPD has defended the program as a targeted, jail-based “warrant service officer” model focused on the Clark County Detention Center.
Officials say the program prioritizes transferring individuals with serious criminal histories, such as violent felonies, DUIs, and domestic violence charges, into federal custody to prevent their release back into the community. The department resumed participation in 2025 after a hiatus, reporting hundreds of transfers since reactivation.
Gov. Joe Lombardo has championed cooperation with federal authorities, stressing the removal of what he calls the “worst of the worst.” Lombardo signed a Memorandum of Understanding with the U.S. Department of Justice in September 2025, which led to Nevada’s removal from the DOJ’s sanctuary jurisdiction list.
In contrast, Democratic Attorney General Aaron Ford supports policies limiting local involvement in federal immigration enforcement. Ford, who is running against Lombardo in the 2026 gubernatorial race, claims he is protecting the rights of all Nevada residents while opposing “unconstitutional mandates” from the federal government.
The debate over 287(g) enforcement centers on the opposition to the removal of illegal aliens in Nevada.
Officials have highlighted repeat offenders, including deported individuals accused of violent crimes, and instances where federal and state court decisions have allowed their release. Critics argue these cases illustrate the risks of limiting local-federal cooperation, while supporters of reform emphasize civil rights and statutory limits on local authority.
The Nevada Supreme Court appeal will determine whether the ACLU’s challenge can proceed to examine whether local law enforcement has the authority under state law to participate in federal immigration enforcement programs.
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