Less than a week after Las Vegas was categorized as a federal ‘sanctuary jurisdiction,’ the Las Vegas Metropolitan Police Department (Metro) has taken steps to reestablish a formal agreement with Immigration and Customs Enforcement (ICE).
The proposed partnership, known as a 287(g) agreement, would enable local police officers to enforce federal immigration laws within their jails.
Under the pending agreement, Metro officers would have the authority to detain undocumented individuals for an additional two days, allowing ICE the opportunity to pick them up for long-term detention.
This marks a significant shift from Metro’s previous policy of merely notifying ICE about the release dates of undocumented immigrants charged with certain crimes, which provided ICE with a chance to take custody before release.
While Metro has not commented publicly on this recent application, Clark County Sheriff Kevin McMahill expressed his desire to see undocumented criminals removed from the community in an interview with Channel 8.
A spokesperson for the City of Las Vegas, David Riggleman, stated, “We’re following what [Metro] is doing, and we’ll monitor that and then adjust if we need.”
It is important to note that the Las Vegas Metropolitan Police Department governs only the Clark County Detention Center, meaning that jails in cities like Henderson and North Las Vegas will not fall under the jurisdiction of the 287(g) agreement.
However, individuals charged with serious offenses, such as felonies, will likely be moved to the Clark County Detention Center, where Metro is seeking to implement the pending agreement.
The City of Henderson has already confirmed it will not be participating in the 287(g) programs, while North Las Vegas has not yet responded to inquiries about its position.
Sheriff McMahill indicated that around 350 individuals in Metro’s detention are currently eligible for ICE pickup.
Earlier this year, he noted that ICE successfully picks up approximately 40 percent of the individuals they are notified about from Metro detention.
Although the application for the 287(g) agreement was filed last week, it remains unclear if it was a direct response to Las Vegas being labeled a sanctuary jurisdiction.
The Department of Homeland Security had taken the list of sanctuary cities offline after facing significant backlash, including criticism from local officials in Nevada.
U.S. Secretary of Homeland Security Kristi Noem addressed the controversy, stating on Fox News that certain cities are pushing back against the designation, arguing they do not have laws explicitly protecting undocumented individuals.
She pointed out that such jurisdictions are effectively providing sanctuary to those labeled as criminals.
In the brief period that the list of sanctuary jurisdictions was live, Nevada officials, including Mayor Shelley Berkley, dismissed the label as an “inadvertent error.”
Republican Governor Joe Lombardo asserted in a statement that “the City of Las Vegas is not a sanctuary jurisdiction.”
Despite the pushback, Senate Minority Leader Robin Titus acknowledged that there is “some truth in it” and urged the city to adopt a 287(g) program to improve its approach to immigration enforcement.
The implications of the Trump administration’s policy designating localities as sanctuary jurisdictions could have far-reaching consequences for Nevada, potentially impacting billions in federal funding.
With Metro reportedly facing the risk of losing about $30 million in federal funding for various programs and personnel, McMahill emphasized that the department lacks the resources to assist with immigration enforcement beyond its current limited activities within Clark County jails.
The shift in McMahill’s stance regarding the 287(g) agreement is notable, as he had previously stated that Metro would only participate if federal law mandated it.
However, federal law has not enacted a requirement to engage in a 287(g) partnership.
Court rulings have reinforced that participation remains voluntary and respects the 10th Amendment, which prevents the federal government from compelling state governments to enforce federal laws.
In contrast to Las Vegas, three counties in Nevada—Lyon, Douglas, and Mineral—currently maintain active 287(g) agreements.
Nye County has also cited a fear of being deemed “noncompliant” with federal immigration law as part of its motivation to pursue the 287(g) agreement, which could lead to repercussions based on federal funding and resource allocation.
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