ACLU of Nevada Sues Nevada DMV For Release of Records Detailing Cooperation With ICE

In a press release, the ACLU of Nevada announced they have filed a lawsuit today against the Nevada Department of Motor Vehicles (DMV) for repeatedly refusing to release documents detailing its communications with ICE.

The press release states that the ACLU of Nevada, over a six-month period, had filed a series of public records requests seeking policies and communications related to immigration enforcement. With the help of Nevada’s Democratic Attorney General Aaron Ford, the DMV released “heavily-redacted records” and what appears to be the existence of encrypted Signal communication between DMV staff and ICE agents. 

The lawsuit, ACLU of Nevada v. Nevada DMV, follows multiple public records requests from ACLU of Nevada over a six-month period seeking the Nevada DMV’s internal policies and communications related to immigration enforcement. Only after the nonprofit organization sent a formal demand letter through the Attorney General’s Office did the agency release a small set of incomplete, heavily-redacted records. Those records confirmed communications between ICE and the Nevada DMV, which raise serious concerns about the information shared between the agencies.

Redacted records also suggest the existence of encrypted Signal communications groups between staff at the Nevada DMV and ICE, the contents of which have not been made publicly available. Signal is an encrypted messaging app with auto-delete features and no recovery mechanism that is widely used to engage in conversations that are largely untraceable. Nevada law requires public agencies to preserve official records and make them available upon request. Use of encrypted, auto-deleting messaging apps for government business likely violates record retention requirements and also raises questions about the full extent of the DMV’s cooperation with ICE.

ACLU Executive Director Athar Haseebullah (he, him, his) stated, “The Nevada DMV maintains one of the largest repositories of information statewide. After stonewalling our attempts for transparency in communication between the DMV and ICE, the records we’ve obtained, even while heavily redacted, suggest significant and problematic communication between the DMV and ICE. References to a Signal group between employees of the Nevada DMV and ICE raises enormous alarms. Signal is an encrypted communications app that makes communication between parties nearly untraceable. Governor Lombardo must make all records between the Nevada DMV and ICE transparent to the public without redactions to best protect the privacy interests of Nevadans. Without transparency, there is no accountability, and without accountability, our communities remain at risk.”

Nevada is one of nineteen states that provides a Driver Authorization Card (DAC) to illegal aliens who cannot meet the proof of identity requirement to obtain a driver’s license or ID card. Illegal aliens may get DACs without showing a U.S. passport or birth certificate. 

According to the DMV’s website, “DACs authorize the holder to drive a vehicle on Nevada public streets or highways and is not valid as identification to obtain any benefits, licenses or services or for federal purposes such as boarding aircraft or entering facilities where ID is required.”

In Nevada, DAC’s were enacted into law in 2014 and the statute was amended to prohibit the DMV to notify federal agencies related to immigration status unless subpoenas, warrants, or releases are filed.

Under NRS 481.063: “Existing law prohibits the Director of the Department of Motor Vehicles from releasing any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle for any purpose relating to the enforcement of immigration laws. (NRS 481.063) This bill [amendment] revises this prohibition by instead prohibiting the Director from releasing any personal information for any purpose relating to the enforcement of immigration laws unless: (1) the requester submits a written release from the person about whom the information is requested; or (2) the Director releases the personal information pursuant to an order, subpoena or warrant issued by a court of competent jurisdiction. This bill prohibits the Director, when responding to such an order, subpoena or warrant, from releasing personal information beyond what is specifically required to comply with the order, subpoena or warrant.”