Aceituno et al. v. U.S. Department of Homeland Security, et al., No. 3:26‑cv‑00146 (W.D.N.C., filed Feb. 24, 2026)

On February 24, 2026, five Latino North Carolina residents filed a class action challenging warrantless immigration arrests carried out across North Carolina by the U.S. Department of Homeland Security (DHS) and its agencies, including Immigration and Customs Enforcement, Customs and Border Protection, and Border Patrol. The complaint alleges that armed and masked federal agents conducted indiscriminate arrests in the Western District of North Carolina without warrants or lawful justification.

The named plaintiffs contend that each of them was arrested without a warrant and without the individualized probable cause required under federal law. They argue that the Immigration and Nationality Act permits a warrantless immigration arrest only when an officer has “reason to believe” that a person is removable and likely to escape before a warrant can be obtained. The lawsuit seeks a declaration that DHS’s warrantless arrest policies and practices are unlawful and seeks a permanent injunction barring the agencies from conducting such arrests absent individualized probable cause.

Documents

• Complaint
• Plaintiff Arrest Summaries and Quotes

Counsel: ACLU of North Carolina | ACLU | Democracy Forward | Southern Coalition for Social Justice (SCSJ)

Contact:  Kristi Graunke | kgraunke@acluofnc.org

Press:

• ACLU, Five individuals launch class action lawsuit over warrantless immigration arrests in North Carolina, Feb. 24, 2026 (https://www.acluofnorthcarolina.org/press-releases/five-individuals-launch-class-action-lawsuit-over-warrantless-immigration-arrests-in-north-carolina/)