Metro covers personnel costs in ICE agreement at county jail

The Metropolitan Police Department will cover the expenses of its staff chosen to execute immigration warrants at the county jail, including the time and overtime they spend training and conducting the duties, according to its agreement with Immigration and Customs Enforcement.

Clark County Sheriff Kevin McMahill signed the agreement on May 30, a day after the Department of Homeland Security listed the city of Las Vegas as a so-called “sanctuary” for undocumented immigrants.

An ICE official formalized the 287(g) agreement, which is limited to the Clark County Detention Center, on June 16.

Metro is one of four Nevada agencies formally collaborating with ICE at jails.

The “warrant service officer” agreement allows ICE to place holds on certain inmates booked at the jail for up to 48 hours after they’re set to be released on local charges.

“Participating (law enforcement agency) personnel must report all encounters with asserted or suspected claims of U.S. citizenship to ICE immediately, but generally within one hour of the claim,” the agreement said.

Metro already collaborated informally with ICE, flagging certain immigrant inmates who were accused of violent crimes, domestic violence, DUI, and those accused of theft-related offenses under the Laken Riley Act.

McMahill told the Las Vegas Review-Journal earlier this month that he wasn’t anticipating Metro will need to invoke the 287(g) powers regularly because ICE already conducts daily pickups from the jail.

The sheriff said discussions about joining the voluntary program preceded the Trump administration’s unveiling of the sanctuary list.

Las Vegas Mayor Shelley Berkley and Gov. Joe Lombardo rejected the designation.

The list of hundreds of jurisdictions quietly was taken down, and the DHS hasn’t re-uploaded it.

The city of Las Vegas and Metro previously participated in the 287 (g) program at their jails but withdrew in 2019 after a court decision that raised concerns about the program’s constitutionality.

“This new 287(g) agreement is a huge shift in policy for Metro, and we are watching very closely,” wrote West Juhl, American Civil Liberties Union of Nevada communications and campaigns director, in a recent statement.

Juhl added: “The community is right to be concerned about due process and other constitutional issues, and this is a terrible time to be choosing to spend our local resources to cover the costs of federal mass deportation schemes.”

Terms of agreement

The document lays out various parameters, including personnel qualifications, supervisory roles, a contract-termination timeline and a public information policy.

Qualifying personnel, who are required to be U.S. citizens, must pass a test before they’re certified. They’re subject to background checks if deemed necessary, the agreement said.

“The (law enforcement agency) is responsible for personnel expenses, including, but not limited to, salaries and benefits, local transportation, and official issue material,” the agreement said. “ICE will provide instructors and training materials.”

It wasn’t immediately clear how many jail staffers were chosen for certification, what the training entails or whether of any of them had completed it.

Metro did not respond to a message seeking comment.

The document states that the Police Department would pay for possible travel expenses “affiliated with the training required for participating in this (agreement).”

However, “If ICE determines the training provides a direct service for the Government and it is in the best interest of the Government, the Government may issues travel orders to selected personnel and reimburse travel, housing, and per diem expenses only,” the agreement said. “The (law enforcement agency) remains responsible for paying salaries and benefits of the selected personnel.”

ICE supervision

ICE will supervise all immigration-related activity and get access to the chosen candidates’ disciplinary records.

“When engaged in immigration enforcement activities, no participating LEA personnel will be expected or required to violate or otherwise fail to maintain the LEA’s rules, standards, or policies, or be required to fail to abide restrictions or limitations as may otherwise be imposed by law,” the agreement said.

Metro, which will handle immigration-related complaints at the jail, has to report them to ICE.

The department will provide equipment and office supplies and be responsible for providing interpreters.

Either party that wants to exit the agreement will need to give a 90-day notice, the agreement said.

ICE has been mum about immigration-enforcement activity in Southern Nevada.

Metro hasn’t said how many inmates its reported and turned over to ICE this year.

Before the 287(g) agreement was finalized, Metro cited confidentiality and privacy when it denied a records request asking for the data.

Metro and ICE agreed to “coordinate appropriate release of information to the media, provided the release has been previously approved by both the ICE Privacy Office and Public Affairs Officer, regarding actions taken under this (agreement) before any information is released,” according to the document.

Contact Ricardo Torres-Cortez at [email protected].

MOA by Tony Garcia on Scribd

Appendix by Tony Garcia on Scribd