Nevada State Immigration Laws
By Eric Harvey, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed September 11, 2023
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Welcome to FindLaw's coverage of immigration laws in Nevada. Below, you will find information on Nevada's immigration checks by law enforcement. You'll also learn whether Nevada offers in-state tuition to immigrants without proper documentation. In some states, employers must check workers' immigration statuses. In this article, you'll also encounter a breakdown of the E-Verify requirements in Nevada. Finally, you can learn about restrictions on public benefits based on a person's immigration status.
We'll discuss the following immigration-related topics:
- Law enforcement and immigration in Nevada
- Employment and immigration
- Nevada E-Verify requirements
- Driver's license/ID requirements
- Public benefits restrictions
- Education checks
- Voting ID rules
- Housing ordinances and immigration
- Related resources
- Contact an immigration attorney
People living here illegally and migrants are a vulnerable community. They must know their rights.
Law Enforcement and Immigration in Nevada
Under the Criminal Apprehension Program, a federal program, convicts' names go into a database that checks immigration status. In the past, all arrestees's names went into this database. This was under the federal program "Secure Communities." But "Secure Communities" is no longer in effect.
The Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS) have access to the Criminal Apprehension Program database. Immigrants and migrants should know how police collect their information and who can see it.
Employment and Immigration
Refer to federal employment eligibility verification rules. You should also refer to the requirements for Form I-9.
Nevada E-Verify Requirements
Nevada has no E-Verify rule.
Driver's License/ID Requirements
Applicants must show proof of U.S. citizenship or legal residence, identity, and state residence (utility bill or similar correspondence).
Public Benefits Restrictions
Under federal law, immigrants living here illegally can't get most public benefits. But, they can use emergency services, health care, and other programs that are "necessary to protect life and safety."
Education Checks
Nevada offers in-state tuition to all eligible undocumented students.
This includes DACA recipients. Here's a breakdown of the program:
- DACA stands for "Deferred Action for Childhood Arrivals."
- It protects eligible young adults from deportation after their parents brought them to the United States as children.
- It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.
This set of benefits for in-state tuition also applies to U visa holders. Here's a breakdown of U visas:
- U visas are available to victims of domestic violence, human trafficking, and other crimes.
- A U visa gives work authorization in the same way a green card does. U visas offer many of the same benefits as being a lawful permanent resident.
- U visas are also available to the family members of victims.
- The children of victims get temporary protected status, along with the U visa holder. To the children of victims, it provides special immigrant juvenile status.
- Victims of human trafficking may be eligible for a T visa. A T visa is specifically for victims of trafficking in persons. This is also known as a T nonimmigrant visa.
Voting ID Rules
Nevada has no voter identification rule.
Housing Ordinances and Immigration
Nevada has no special housing ordinances for immigrants.
Related Resources
- Know Your Rights — A guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations).
- U.S. Immigration Support — Information and resources for immigrants.
- Legal Aid Center of Southern Nevada — This nonprofit organization offers free or low-cost legal resources and legal assistance to qualifying people, including immigrants and migrants.
- The UNLV William S. Boyd School of Law Immigration Clinic — The UNLV Immigration Clinic provides pro bono legal services to qualifying people, including immigrants and migrants. This organization also offers other advocacy and immigration services.
Need More Help? Contact an Immigration Attorney
The U.S. immigration system is complex and frustrating. It's a good idea to seek help from an immigration attorney. Contact an attorney today if you're in Las Vegas, Reno, Carson City, or some other part of the state.
It doesn't matter what circumstances you're facing in your immigration process. You could be going through the naturalization process and working on becoming a U.S. citizen and dealing with USCIS. You could appear in immigration court before the Board of Immigration Appeals (BIA). In any case, an immigration attorney can help.
Can I Solve This on My Own or Do I Need an Attorney?
- Some people can get a green card or complete immigration forms without hiring legal help
- Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney
The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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