Metro suspends agreement to hold inmates for immigration officials

Published Wed, Oct 23, 2019 (2:19 p.m.)

Updated Wed, Oct 23, 2019 (4:19 p.m.)

Metro Police say they will no longer turn over people who are arrested to immigration authorities for deportation, citing a federal court ruling.

Metro will continue working with U.S. Immigration and Customs Enforcement agents to remove suspects in violent crimes, officials said, although they did not explain how.

Metro gave notice to ICE on Tuesday.

Metro said it was suspending the so-called 287 (g) agreement that deputized a number of Metro corrections officers to search federal immigration databases to see if inmates at the county jail were in the country illegally.

If the person was flagged as deportable — and once they answered for their local charges — ICE agents were notified and could place a 48-hour hold on the inmate so they could pick them up and begin the removal process.

The jail-based program has been in place since 2008, and Metro and ICE last extended it for a year in June.

A Sept. 27 federal court ruling in California, however, said ICE could not place holds on inmates in states without immigration statutes specifically authorizing the arrangement. Nevada has not passed such a statute.

The federal government is expected to appeal the decision.

Clark County Sheriff Joe Lombardo in February ordered that corrections officers not put ICE holds on inmates booked on low-level crimes, such as traffic violations.

“I am optimistic that this change will not hinder (Metro’s) ability to fight violent crime,” Clark County Sheriff Joe Lombardo said in a statement. “While the ruling can be seen as a setback, I am determined that through cooperation with our federal partners, the goal of removing the worst of the worst can still be accomplished.”

The American Civil Liberties Union of Nevada said Metro made the right decision.

“It’s not just inappropriate for Nevada agencies to participate in the federal government’s deportation agenda, but it’s unconstitutional as well,” ACLU of Nevada Executive Director Tod Story said in a statement. “We’ll continue to advocate for the rights of our immigrant communities and will engage with other police agencies around the state to end their partnerships with ICE.”

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