A Clark County judge's decision last week to toss — on technical grounds — a lawsuit challenging the partnership between Las Vegas police and federal immigration officials leaves questions about how opponents of the so-called 287(g) program can fight it in the future. 

In October, the American Civil Liberties Union of Nevada filed a challenge against the 287(g) partnership on behalf of its client Sergio Morais-Hechavarria. Although Las Vegas Metropolitan Police Department (LVMPD) is allowed to hold an inmate for an extra 48 hours to allow Immigration and Customs Enforcement (ICE) to pick the person up, Morais-Hechavarria was held by Metro for nearly two months despite a court ordering his release into an inpatient drug treatment program. 

The suit argued that Metro was unlawfully housing people on behalf of the federal government and that the agency had no authority to detain individuals for immigration violations, among several other claims. 

Days after the suit was filed, Morais-Hechavarria was deported, per court documents. Because of that, Judge Monica Trujillo called the ACLU's standing to challenge his deportation "moot" on Friday, saying that the ruling would have no effect on Morais-Hechavarria either way. Trujillo added that the court can not discern whether Metro officers released a person at the end of their criminal case or whether they were held longer as a result of an ICE hold, making it "impossible" to determine whether Metro is unlawfully detaining people. 

Athar Haseebullah, the executive director of the Nevada ACLU, said the court was "effectively washing its hands" and added that he likely plans to appeal the case. 

"The court puts the onus on us to demonstrate each of the individuals that are impacted, but LVMPD does not turn over that information, and the court does not set it for a hearing where we can ask on the record," he said. "What was really notable here is that the court did not make any assessments on the actual legality of the agreement." 

The lawsuit marked one of the most substantial challenges against 287(g) collaborations in the state, which play an outsize role in the deportation system in Nevada. At least three other jurisdictions in the state have entered agreements since the start of the second Trump administration. Metro's partnership has led to ICE taking at least 240 people into its custody since the agreement went into effect this December, nearly half a year after it was formally signed. 

Haseebullah suggested in an interview that the courts may be the most effective vehicle for challenging 287(g) in Nevada. The state has a Democrat-controlled Legislature, but a Republican governor, leading to frequent policy clashes, he said. Meanwhile, prior legislative pushes to end 287(g) have failed and although progressives managed to pass some protections for undocumented people, they've had to thread a difficult needle in the politically purple state.

"It's difficult to get things done," Haseebullah said in an interview with The Indy. "If it's going to end up simply meeting the governor's veto pen, what is the realistic impact of what the Legislature can do at this moment?"

Selena Torres-Fossett (D-Las Vegas) who previously sponsored legislation that would've blocked 287(g) agreements, said that she hopes to continue to push back against such collaborations in the 2027 legislative session. In the 2025 special session, she helped get some new protections for immigrant families, such as limiting immigration enforcement from school grounds, across the finish line. 

"I believe 287(g) needs to be stopped. This policy negatively impacts Nevada families," she said. 

Haseebullah said that Metro's agreement with ICE may be a bit different than other jurisdictions. As a consolidated police unit overseeing much of Clark County, Metro doesn't solely answer to a single municipal government and instead is overseen by Sheriff Kevin McMahill, who is an elected official. 

"It doesn't function in a traditional way where you can just go in and pressure an entire city council or show up to a public meeting to do that," Haseebullah said. 

Although Trujillo rejected the challenge, she said that the ACLU had the authority to pursue related claims such as that Metro is unlawfully detaining people even after their criminal charges have been resolved. Haseebullah also said that as the amount of ICE detainers have risen, so have the grounds for litigation. 

"It's not 100 percent absolute that we'd be appealing here," he said. "There's options as well with other detainers that have been issued, if we need to go forth and do that."

Metro did not immediately return a request for comment.