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 Monday in District Court.
The civil rights organization is representing Sergio Morais-Hechavarria, who’s been held since August, after a judge in the same court ordered his release to an inpatient treatment facility when a bed was available.
Records show that a month prior, the 36-year-old pleaded guilty to a charge of attempted possession of a stolen vehicle, a gross misdemeanor.
When the Clark County Public Defender’s Office informed jail staff that the man was “ready to go,” it was told that he had an Immigration and Customs Enforcement hold and that he would not be released, the lawsuit alleges.
The 287 (g) agreement allows jail staff to hold migrant inmates no longer than 48 hours after they’re set to be release in their criminal cases.
Metro signed onto the arrangement a day after the federal government classified the city of Las Vegas as a sanctuary for undocumented immigrants earlier this year.
“Mr. Morais-Hechavarria is still detained at CCDC with no projected release date and will remain in CCDC indefinitely without this Court’s intervention,” the 24-page complaint said.
The suit alleges that Metro did not have the power to enter into an agreement with the federal government without a green light from the Nevada Legislature, particularly because the police department is covering the costs of immigration enforcement at the jail.
“This is not just a civil rights issue, but has transformed into a human rights issue,” said Sadmira Ramic, ACLU of Nevada senior staff attorney, in a statement. “This overreach by local law enforcement blocks rehabilitation, undermines our judicial system, and creates unnecessary suffering for our client and his family.”
Added Ramic: “The law is clear that local entities cannot act unilaterally. We will continue to fight to ensure our judiciary isn’t disregarded.”
The lawsuit names Metro and Sheriff Kevin McMahill.
Metro did not immediately respond to a message seeking comment.
This is a developing story. Check back for updates.
Contact Ricardo Torres-Cortez at rtorres@reviewjournal.com.
