The most urgent item in @nevadaag.bsky.social new Model Immigration Policies is actually not new: Under Nevada law, police cannot arrest or detain people on immigration grounds, even if ICE asks. This has been NV law for more than a century, and the bipartisan NV AG interpretation for 40+ years. - ThreadSky

michaelgkagan.bsky.social • 7 days ago

The most urgent item in @nevadaag.bsky.social new Model Immigration Policies is actually not new: Under Nevada law, police cannot arrest or detain people on immigration grounds, even if ICE asks. This has been NV law for more than a century, and the bipartisan NV AG interpretation for 40+ years.

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michaelgkagan.bsky.social•7 days ago

This is an urgent question only because the Trump Admin has been trying to bully states and localities around the country to do ICE's work for free, commandeering state and local taxpayer money to detain people. That probably violates the 10th Amendment of the US Constitution, and state law.

michaelgkagan.bsky.social•7 days ago

Nevada law sensibly does not allow Nevada police (which includes local police) to arrest people on most non-criminal matters -- which is most deportation cases. As the Nevada AG noted today: "Immigration enforcement is not listed as an exception."

michaelgkagan.bsky.social•7 days ago

Here's the Nevada law; read for yourself. Since 1911, the Nevada legislature has been telling Nevada police: Focus on actual crime. Don't arrest people on civil matters.

This is not new.

michaelgkagan.bsky.social•7 days ago

It's very good that Nevada AG Ford has reminded Nevada police of this rule. But he's not the first. The first Nevada Attorney General to make this point was Republican Brian McKay, who went on to become state Republican Party Chair. Here's what he said in 1983. Same as AG Ford today.

michaelgkagan.bsky.social•7 days ago

BTW the same legal interpretation of police authority has been endorsed by state courts in other states with similar statutory frameworks as Nevada.

michaelgkagan.bsky.social•7 days ago

Complying with legal limitations on arrest authority is not optional for police. But AG Ford is also recommending that they keep their focus on fighting crime - especially by building community trust, and protecting victims and witnesses regardless of immigration status. That's sensible.

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