ACLU Accuses Las Vegas Police of Violating Court Order in ICE Case

URGENT UPDATE: The ACLU of Nevada is escalating its legal battle against the Las Vegas Metropolitan Police Department (LVMPD) after claims that LVMPD unlawfully handed over client Sergio Morais-Hechavarria to U.S. Immigration and Customs Enforcement (ICE) on October 16, 2023, without notifying his attorney. This controversial transfer directly defies a Nevada district court’s order, raising serious concerns about civil liberties and the integrity of state law.

The ACLU announced that Morais-Hechavarria was taken into ICE custody shortly after the organization filed a lawsuit on his behalf, which aimed to protect his rights against what they deem unlawful cooperation between LVMPD and federal immigration authorities. Athar Haseebullah, Executive Director of ACLU Nevada, condemned this action, stating, “LVMPD releasing Mr. Morais-Hechavarria into ICE custody immediately after we filed a legal challenge is egregious.”

This incident not only highlights a significant breach of legal protocol but also poses broader questions about the relationship between local law enforcement and federal immigration enforcement. The ACLU’s latest petition scrutinizes the existing agreement that allows LVMPD to act as federal immigration enforcers without explicit consent from the state legislature. The organization argues that this arrangement undermines foundational checks and balances in Nevada’s governance.

The ACLU’s concerns were amplified by the failure to notify Morais-Hechavarria’s attorney, Sadmira Ramic, about his transfer to the El Paso Service Processing Center. This lack of communication has been deemed a violation of due process, emphasizing the urgent need for legal accountability.

LVMPD has faced criticism for its cooperation with ICE in the past, but this incident escalates the discussion from procedural misconduct to serious questions of jurisdictional overreach. As the lawsuit progresses, the police department has limited its comments, revealing only that Morais-Hechavarria is no longer under their jurisdiction.

The ACLU’s actions highlight a growing concern over federal overreach and its implications for civil rights, resonating with many Nevadans who fear for their due process rights. This developing situation is poised to attract significant public attention as the ACLU seeks to challenge the legality of LVMPD’s practices.

As this story unfolds, observers are urged to stay tuned for further updates on the implications for local law enforcement and immigration enforcement policies. The ACLU’s legal efforts may set a critical precedent in the ongoing debate over civil liberties in the United States.