The Policies — Mandated by the Nevada Legislature — Include Recommendations for Law Enforcement Agencies, Courts, Higher Education Institutions, Health Care Facilities and Public Schools

Carson City, NV — Today, Attorney General Aaron D. Ford announced the publication of model immigration policies, required by NRS 228.206 and 228.208. These policies are the result of a multi-year process of engaging with, and incorporating input from, various stakeholder groups, with the goal of developing comprehensive model policies to serve as a resource to law enforcement agencies, courts, higher education institutions, health care facilities and K-12 public schools.

“The Nevada Legislature intended these policies to limit ‘to the fullest extent possible and consistent with any applicable law, immigration enforcement at public schools, institutions of higher education, health care facilities and courthouses to ensure that such places remain safe and accessible to residents of this State regardless of the immigration status or citizenship of such persons.’” said AG Ford. “By engaging in a multi-year process with stakeholders, we are confident that these goals have been met. I am very proud of this collective effort.”

These model policies reflect four key principles:

• Public safety — Nevada law enforcement officers should be focused on preventing and investigating crime in our communities, not engaging in unpaid and non-criminal federal immigration enforcement. If people in Nevada are afraid to interact with police based on fear of immigration enforcement, then our criminal justice system loses access to witnesses and victims will be deterred from reporting crimes. 
• Prudent use of public money — Immigration enforcement and its funding is the responsibility of the federal government. The federal government is not entitled to free labor from our state public servants, who work diligently for Nevadans. Nevada’s money and time should be spent on Nevada. 
• Focus on health, safety, education and justice — When police, court staff, teachers and health care workers are on the job, they should be able to focus on their primary responsibilities. When individuals fear seeking help from these entities, it threatens the very foundations of our public service systems. 
• Fairness — Nevada's government does not discriminate on race, ethnicity or national origin. Our public servants and public institutions must treat everyone fairly to comply with our constitutional mandate.

In creating these policies, staff at the Office of the Attorney General researched federal and state law, including agency regulations and guidance and President Trump’s executive orders relating to federal immigration enforcement. Staff also reviewed policies in place in other states such as Oregon, New Jersey and Connecticut.

Staff worked with stakeholders to revise the first draft of the recommended policies. Stakeholders included the Keep Nevada Working Task Force; representatives of the Nevada Immigrant Coalition; and education workers in Nevada’s K-12 system, including principals, teachers, librarians and charter school representatives. Staff also spoke to counsel for the Nevada System of Higher Education, sheriffs and police chiefs from across Nevada, and representatives of the judicial system in developing these recommendations.

The policies are recommendations to the five entities, not requirements. If an entity decides not to adopt the proposed model immigration policy, that entity must inform the Office of the Attorney General why it did not adopt the policy and share a copy of the immigration policy that it currently uses. In addition, these recommended policies are not to be considered legal advice — entities should consult with their own legal counsel to ensure the policy meets their needs.

No provision of these model policies limits Nevada law enforcement agencies or officers from complying with state law, federal law or valid court orders, including judicially issued arrest warrants, regardless of a person’s citizenship or immigration status. These policies do not give sanctuary to criminals.

Rather, the model policies will assist state and local law enforcement agencies to distinguish between court-issued criminal process and civil administrative notices. Unlike in the case of a criminal warrant issued by a federal or state judge, state and federal law do not require Nevada’s law enforcement agencies and their officers to enforce civil immigration detainers or administrative warrants issued by federal immigration agents.

Review the Model Immigration Policies.

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