ACLU suit is challenging Metro’s agreement with ICE at the county jail

A lawsuit is challenging the legality of the Metropolitan Police Department’s agreement with federal immigration authorities at the Clark County Detention Center.

The American Civil Liberties Union of Nevada filed the suit on Monday in District Court.

Under the jail-based 287(g) program, Metro is contracted to flag foreign-born inmates to U.S. Immigration and Customs Enforcement, giving agents no longer than 48 hours to take custody of people they seek after they’re set to be released on local charges.

The civil rights nonprofit is representing Sergio Morais-Hechavarria, who’s been in Metro custody since August, after a judge in the same court ordered his release to an inpatient treatment facility to complete a sentence when a bed became available.

The ACLU also cited “Dillon’s Rule,” which establishes the local government’s authority under the Nevada Legislature, particularly because the agency is not being reimbursed by the federal government, according to the filing.

“Our lawsuit demonstrates that (Metro) and the sheriff cannot act unilaterally, that is without authority from our Legislature to make decisions and to hold people like our client indefinitely in custody at the request of ICE,” Sadmira Ramic, ACLU of Nevada senior staff attorney, told reporters Monday.

Inmate in custody limbo

According to court records, Morais-Hechavarria, 36, pleaded guilty in July to a charge of attempted possession of a stolen vehicle, a gross misdemeanor.

He received a suspended jail sentence the following month under the condition that he complete a treatment program, records show.

A Clark County social worker wrote to the jail that he was “ready to go” when a bed became available, according to email correspondence included in the court filing.

But the staffer replied that an ICE warrant prevented his release, an email said.

Pressed by a public defender about how long the man could be held on a detainer, the Metro representative said that Morais-Hechavarria couldn’t be released to ICE unless the judge rescinded the inpatient program order. “While Petitioner Morais-Hechavarria’s confinement was at first lawful, once he was released on his criminal charges, ordered to inpatient care, and a bed at the treatment facility became available, (Metro) no longer had a legal basis to hold him in custody,” the complaint argues.

Holding an inmate after 48 hours constitutes a new arrest, which local police don’t have the authority to conduct, the complaint said.

“Because (Metro) and Sheriff (Kevin) McMahill have neither the authority to enter into a 287(g) agreement with ICE, nor the authority to execute civil immigration warrants and conduct civil arrests, there is no legal justification for Petitioner Morais-Hechavarria’s continued detention in CCDC,” added the complaint.

Metro declined to comment as is their policy about discussing pending lawsuits.

Collaboration with the federal government

According to the lawsuit, Metro had received 957 detainer requests from ICE this year through August, compared with 32 during the same time period in 2024.

McMahill signed onto the 287(g) arrangement a day after the Trump administration classified the city of Las Vegas as a immigrants, threatening federal funds, earlier this year.

The Act, signed by President Donald Trump in January, expanded the list of reportable arrests to ICE to include alleged theft-related offenses.

The Department of Justice later classified the collaborate” with immigration enforcement.

“Governor Lombardo encouraged (Metro) to enter into a 287(g) agreement with ICE, and he fully supports (the department) coordinating with ICE to remove criminals from Las Vegas and keep our communities safe,” the governor’s office wrote in a statement Monday.

The support stems from February discussions with the Nevada Sheriff’s and Chiefs’ Association in which members sought guidance from Lombardo on how they should engage with ICE’s program, the memo said. “Through his staff, the Governor indicated his support for any engagement with the federal government available to state and local law enforcement.”

Athar Haseebullah, ACLU of Nevada’s executive director, said that the organization did not intend to disparage Metro with the lawsuit.

“My opinion is that this was done out of force, out of what they felt was a need because of the administration’s perpetual threats against municipalities, local governments and state governments,” he said. “But from our vantage point, that doesn’t change the reality of what the outcome is here.”

Added Haseebullah: “Our law enforcement officers in Nevada are here to serve Nevadans, they’re not here to serve the federal government.”

Contact Ricardo Torres-Cortez at [email protected].