ACLU Accuses LVMPD of Violating Court Order, Client Handed to ICE

UPDATE: The American Civil Liberties Union (ACLU) of Nevada has launched a fierce legal battle against the Las Vegas Metropolitan Police Department (LVMPD) for allegedly defying a court order by transferring a client, Sergio Morais-Hechavarria, to U.S. Immigration and Customs Enforcement (ICE) without prior notice. This alarming incident occurred on October 16, just after the ACLU filed a lawsuit in his defense, raising serious questions about the adherence to legal protocols by local law enforcement.

According to disclosures from the ACLU, Morais-Hechavarria was taken into ICE custody immediately following the lawsuit’s filing, a move the organization claims violates a Nevada district court’s directive for him to begin an inpatient treatment program. Athar Haseebullah, executive director of ACLU Nevada, condemned the LVMPD’s actions, stating,

“LVMPD releasing Mr. Morais-Hechavarria into ICE custody immediately after we filed a legal challenge to their unlawful cooperation with ICE is egregious.”

This situation underscores a critical breakdown in the separation of powers that is supposed to safeguard the rights of Nevada residents. The ACLU’s latest petition challenges the existing agreement between LVMPD and ICE, which reportedly allows local officers to act as federal immigration enforcers without explicit consent from the state legislature. This arrangement is viewed as a direct infringement on Morais-Hechavarria’s rights and a serious threat to the checks and balances essential to the state’s legal framework.

Haseebullah further emphasizes that this case illustrates a troubling trend of federal overreach, jeopardizing civil liberties and due process for all Nevadans. The ACLU’s allegations highlight a significant shift in the conversation surrounding LVMPD’s collaboration with ICE, moving from procedural issues to more critical questions of jurisdictional overreach.

As the situation unfolds, LVMPD has remained relatively silent, constrained by the ongoing lawsuit. A spokesperson confirmed that Morais-Hechavarria is no longer under the jurisdiction of the Clark County Detention Center. Alarmingly, it has come to light that Morais-Hechavarria’s attorney, Sadmira Ramic, was not informed of her client’s transfer to the El Paso Service Processing Center, a glaring omission that breaches due process protocols.

The ACLU of Nevada is urging immediate scrutiny of LVMPD’s practices and a reevaluation of their partnership with ICE. The outcome of this legal confrontation could have far-reaching implications for the rights of individuals facing deportation and the integrity of state laws.

As this story develops, more details are expected to emerge, and the ACLU is poised to continue its fight for justice on behalf of Morais-Hechavarria and others affected by similar circumstances. Stay tuned for immediate updates on this critical issue impacting the lives of many Nevadans.