287(G) Or Not 287(G)? That Is the Question: Nevada’s Role in Regulating Local-Federal Cooperation on Immigration Enforcement

Authors

• Zachary Sweetin
• Elizabeth Swenson

Document Type

White Paper

Publication Date

2026

Abstract

This White Paper aims to examine the authority of local agencies and institutions in Nevada to enter into cooperative 287(g) agreements with ICE without state approval. Part I provides an overview of the history and structure of 287(g) agreements, including the recent adoption of this cooperative model by four Nevada jurisdictions. This Paper will also explore sections of Nevada Re- vised Statutes that may affect the legality of 287(g) agreements, focusing in Part II on Nevada’s modified Dillon’s Rule and in Part III on Nevada Revised Statutes (NRS) 228.206. Using pending American Civil Liberties Union of Nevada (ACLU) litigation against the Las Vegas Metropolitan Police Department’s (LVMPD) recently signed 287(g) agreement as a case study, Part IV of this Paper will then (1) assess the legality of 287(g) agreements Dillon’s Rule; (2) evaluate how Nevada’s “matter of local concern” exception to Dillon’s Rule may affect the arguments; (3) ask whether section 228.206 of the NRS shed light on legislative intent; and (4) consider the pros and cons of enacting state laws to regulate federal cooperation under 287(g) agreements more uniformly across local jurisdictions. This paper then concludes by comparing NRS 228.206 to similar legislation in other states and addressing whether 228.206 grants local governments the discretion to enter into 287(g) agreements.

Publication Citation

10 Nev. L.J.F. 60 (2026).

Recommended Citation

Sweetin, Zachary and Swenson, Elizabeth (2026) "287(G) Or Not 287(G)? That Is the Question: Nevada’s Role in Regulating Local-Federal Cooperation on Immigration Enforcement," Nevada Law Journal Forum: Vol. 10, Article 3.
Available at: https://scholars.law.unlv.edu/nljforum/vol10/iss1/3