LAS VEGAS—The American Civil Liberties Union of Nevada on Friday morning sent a demand letter to Clark County Sheriff Joseph Lombardo, urging Las Vegas police to halt the use of unlawful ICE detainers.
ICE detainers — the process by which individuals are incarcerated beyond their scheduled release due to alleged civil immigration infractions — violate the Fourth Amendment's requirement that arrests be backed by a judicial warrant and probable cause. The ACLU of Nevada had previously alerted Sheriff Lombardo and the Las Vegas Metropolitan Police Department of its concerns about this practice in March 2018.
Friday's demand letter highlights a September ruling by the Central District of California, which issued a “permanent injunction enjoining ICE from issuing detainers to state and local law enforcement agencies in states where there is no explicit state statute authorizing civil immigration arrests on detainers” (Gonzalez v. Immigration and Customs Enforcement).
The civil rights organization gave Lombardo until Friday, October 25 to notify them whether they intend to cease the unlawful practice of detaining individuals beyond their scheduled release.
ACLU of Nevada Legal Director Sherrie Royster said:
"It's time for this practice to stop. Nevada law does not authorize the LVMPD or any other local law enforcement agency to make arrests for civil immigration purposes, and the Constitution protects everyone from unlawful detention."
ACLU of Nevada Executive Director Tod Story said:
"We've been working to end law enforcement’s cooperation with the federal deportation agenda through the 287(g) program since its inception. The Constitution protects the right to liberty and guards against warrantless arrests for everyone regardless of status."
