The American Civil Liberties Union of Nevada is suing Metro Police over the department’s agreement with federal immigration enforcement signed in May.

The state Legislature did not authorize local law enforcement to enter the partnerships, called 287(g) agreements, or give them the abilities included in those agreements, making it illegal, the ACLU argues.

The lawsuit filed Monday asks Clark County District Court to order that Metro Police terminate the partnership. Under the agreement, officers at Clark County Detention Center can carry out immigration warrants and hold people for an additional 48 hours for pickup.

“We’ve said since the start of this administration we’re prepared to challenge any and every policy that impacts states’ rights and infringes civil liberties,” Nevada ACLU Executive Director Athar Haseebullah said at a news conference.

The ACLU’s case focuses on Sergio Morais-Hechavarria, who entered a plea for “possession of (a) stolen vehicle” in July, according to the court filing. Morais-Hechavarria was ordered to attend an inpatient treatment program, the lawsuit states.

The court also ruled that he stay at the Clark County Detention Center while awaiting transfer to the program.

But a Metro employee, according to emails included in the filing, told a social worker that he could not be transferred due to a warrant from Immigration and Customs Enforcement (ICE). The order for inpatient treatment would have to be “rescinded” for the ACLU’s client to be released, according to the lawsuit.

That has Metro policy essentially overruling the power of the courts, the ACLU argued.

“When we talk about protecting due process as an organization … that starts with our judiciary,” Haseebullah said. “If our judiciary’s powers (are) badly usurped, we’re going to find ourselves in an authoritarian set where there’s no ability to challenge much of anything.”

Morais-Hechavarria is still in the detention center and will be there “indefinitely” without court intervention, according to the lawsuit.

“Our lawsuit demonstrates that LVMPD and the sheriff cannot act unilaterally … to make decisions to hold people like our client indefinitely in custody at the request of ICE,” ACLU Senior Staff Attorney Sadmira Ramic said. “It demonstrates that they cannot act unilaterally to defy court orders.”

From the ACLU’s point of view, the agreement was signed under “threats of coercion,” Haseebullah said. 

A day before Metro signed the agreement with ICE, the United States Department of Homeland Security labeled Las Vegas an immigrant “sanctuary.”

However, Clark County Sheriff Kevin McMahill told KTNV-Channel 13 that the department had been speaking with DHS and ICE about the agreement “for a few weeks” before it was signed. Republican Gov. Joe Lombardo — McMahill’s former boss — also expressed his support for joining the agreement, according to a timeline from the governor’s office.

The U.S. Department of Justice similarly added Nevada to its list of sanctuary jurisdictions. Nevada has since fallen off the DOJ’s radar, however, signing an agreement between the department and state to collaborate on immigration enforcement last month.

Metro has steadily drawn closer to federal immigration enforcement this year while not directly aiding in arrests.

Before, the department notified ICE when a “foreign-born” person was charged with domestic violence, a DUI or a violent felony. Now that list has been expanded to include shoplifting. Metro sent federal immigration enforcement nearly 2,700 notices over almost seven months, the Sun found.

While Metro wasn’t tracking the data before this year, ICE has picked up hundreds from their custody since February. Lombardo has also authorized the Nevada National Guard to assist DHS with administrative and logistical work. 

“We want to prevent ICE from using our police officers to carry out their immigration enforcement rather than having our officers carry out their duties to Nevadans,” Nevada ACLU Legal Director Chris Peterson said. “We want to nip this in the bud now before it becomes a bigger issue.”