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New law sets up minor guardianship process in case of deportations

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New law sets up minor guardianship process in case of deportations


A new Nevada law gives families who may get split up because of a deportation order a chance to choose a temporary guardian for their child.

Assembly Bill 540 was signed into law last week and is already in effect. It allows a parent or guardian of a minor to nominate another person to be their court-appointed guardian if no parent is around because of a federal immigration order.

Assemblymember Cecelia González, D-Las Vegas, said the bill came out of listening sessions with the Latino community before the beginning of the 83rd legislative session, which ended earlier this month. She said some community members were nervous about what would happen if they were deported, but their children with citizenship or legal status stayed in the country.

“We came up with this bill to make sure that the most vulnerable, which would be these children of undocumented parents — what do we do to make sure they’re not falling through the cracks?” González said Tuesday.

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Before the law was passed, guardianship was most often sorted out when a loved one or friend petitioned the court for guardianship after a separation already occurred, said Cristian Gonzalez Perez, the supervising attorney at the nonprofit advocacy group Make the Road Nevada. Temporary guardianship also exists for six month periods through a less formal agreement that does not require court approval and instead can be set between the parents and guardian.

The new law follows a similar process available in adult guardianship cases. Gonzalez Perez said it allows people act proactively.

“You can avoid issues where, say, you have a really involved family, and they all want to try to petition for the guardianship,” he said. “To avoid squabbles between family members, the court can now look at to see who the parents prefer to be the main guardian.”

AB 540 passed unanimously in the Assembly and 16-4 in the state Senate. Republican Sens. Carrie Buck, John Ellison, Ira Hansen and Robin Titus opposed, and Democrat Melanie Scheible was absent from the vote.

During the May 31 Senate Judiciary Committee hearing, Hansen said he thought the existing law was sufficient.

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We already have this in law,” he said before the committee vote. “This is political theater, trying to make the efforts to enforce immigration laws into something way beyond what they’re attempting to do.”

The law includes a form for the parents to submit with nominations, which could be added to the Nevada Lockbox, an electronic registry run by the Secretary of State.

González said she was conscious that some people in that situation may be afraid to interact with the government for fear of it impacting their immigration case or speeding up a deportation order.

“I hope that people utilize it, but I’m also aware of when a government is tearing your family apart, you’re not going to go ask them for help,” González said. “I think it’s going to take a lot of education on our end, as Latino elected officials and just as trusted messengers of our community to really educate the community about how you can utilize this and how this is another tool in the toolbox in the event that that unfortunate day comes.”

Gonzalez Perez said the new law could lead to a decrease in temporary guardianships, which are sometimes recommended at community sessions that go over immigration processes and rights. He encouraged people to not be afraid of the state government running the lockbox and court-appointed guardianship process.

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Instead of having that in place, you can then have the nomination ahead of time, which will just who’s going to be the nominee, rather than having something informally in place that might not be necessary at the moment,” he said. 

Contact McKenna Ross at mross@reviewjournal.com. Follow @mckenna_ross_ on X.



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Nevada

Court OK’s counting late-arriving mail ballots in Nevada, 29 other states

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states


LAS VEGAS (KTNV) — Nevada’s laws allowing the counting of mail-in ballots that arrive up to four days after Election Day — so long as they are postmarked by that date — is constitutional under a Monday ruling from the U.S. Supreme Court.

In a 5-4 ruling, justices upheld a challenge to a Mississippi law that’s similar to Nevada’s statute. Justice Amy Coney Barrett and Chief Justice John Roberts joined with the court’s three liberal members, Sonia Sotomayor, Elena Kagan and Katanji Brown Jackson, to uphold the law.

Conservatives Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch dissented.

The ruling affects 30 states, all of which allow some ballots received after Election Day to be counted. That includes Nevada, which allows ballots postmarked by Election Day to be received and counted up to four days later, and ballots without a postmark to be received and counted up to three days later.

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Plaintiffs in the case — including the Republican National Committee and the Mississippi Republican Party — had contended that federal laws referring to “elections” mean both the casting and counting of ballots, which they said must occur on Election Day.

“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the case summary reads. “And a related federal statute — the Uniformed and Overseas Citizens Absentee Voting Act — confirms that while federal law dictates when ballots must be cast, state law governs when they must be received.”

In Nevada, critics have contended that late-arriving ballots erode confidence in elections, because they delay learning final election results for days and, in some close races, can change the outcome.

Gov. Joe Lombardo has called the weeklong wait for final, unofficial results “a national embarrassment.”

Plaintiffs in the case made similar arguments, but were turned away by the court: “Finally, plaintiffs policy arguments about election integrity and voter confidence are properly addressed to legislatures, not courts,” the case summary reads.

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Several attempts to require ballots to be received by Election Day have been introduced in Nevada’s Legislature, but none have been successful in the Democratically controlled body.

Secretary of State Cisco Aguilar has argued that the overwhelming majority of ballots are in and counted by Election Day, and only the closest races may be changed by late-arriving ballots. He’s advocated for more resources for county clerks and voter registrars to be able to count mail ballots more quickly.

Under the ruling, nothing will change for Nevada voters going to the polls in four months to vote in the November election. But officials still encourage voters to send in their mail ballots early, or to put them in drop boxes at voting centers during early voting or on Election Day.

Supreme Court upholds late-arriving mail ballots in Mississippi

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One dead, four hospitalized after head-on crash on I-15 in Clark County

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One dead, four hospitalized after head-on crash on I-15 in Clark County


LAS VEGAS (FOX5) — Nevada Highway Patrol responded to a two-vehicle crash on Interstate 15 near mile marker 94 Sunday evening.

The crash was reported at 6:43 p.m. on June 28.

MORE ON FOX5: Driver sustains life-threatening injuries in Las Vegas multi-vehicle crash

A passenger sedan and a pickup truck were involved in the crash. One vehicle was traveling southbound, lost control, crossed through the median, and struck the other vehicle head-on in the northbound travel lane.

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One adult male died at the scene. Two people were transported by ground ambulance, and two others were transported by life flight to a local hospital.

Road closures

All northbound I-15 travel lanes were closed at mile marker 94, but have since opened as of Sunday night.

Nevada Highway Patrol said further information will be provided following the preliminary investigation.

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Officials elevate response efforts to combat eastern Nevada wildfires

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Officials elevate response efforts to combat eastern Nevada wildfires












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