Moises Javier Aguilar Peralta, et al. v. Department of Homeland Security, et al., No. 2:26-cv-337 (S.D. Ohio, filed Mar. 18, 2026)

In response to the roving patrols of masked and armed plainclothes federal agents in Ohio, plaintiffs filed a class action complaint against the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) seeking declaratory and injunctive relief. Plaintiffs challenge these agencies’ practice of conducting warrantless arrests of individuals in Ohio without making a determination as to probable cause of the individual’s likelihood to escape before a warrant can be obtained. Plaintiffs challenge this practice as a contravention of the requirements in 8 U.S.C. § 1357(a)(2), 8 C.F.R. § 287.8(c)(2), the Accardi doctrine, and the Administrative Procedure Act.

Plaintiffs filed a motion for preliminary injunction on April 15, 2026, requesting the court to order these federal immigration agencies to cease their current arrest practices in Ohio and comply with the requirements of 8 U.S.C. § 1357(a)(2) before conducting warrantless arrests. The preliminary injunction motion argues that plaintiffs face irreparable harm given the ongoing risk of arrest, fear of future encounters with federal immigration agents, and the disruption of family life and work life due to plaintiffs’ inability to attend school, church, or other routine activities out of fear of detention by federal immigration agents.

Hearings on the preliminary injunction motion took place from June 3 through June 5, 2026. As of June 2026, the parties await a decision.

Documents

• Class Action Complaint
• Motion for Preliminary Injunction
• Motion to Certify Class
• Reply ISO Motion for Preliminary Injunction and Opposition to Motion to Dismiss
• Reply ISO Class Certification
• Proposed Findings of Fact and Conclusions of Law

Counsel: ACLU of Ohio | Advocates for Basic Legal Equality, Inc. | Community Refugee & Immigration Services | The Gittes Law Group | Marshall, Forman and Schlein, LLC 

Contact: Freda J. Levenson | ACLU of Ohio  | flevenson@acluohio.org  

Press:

• ACLU Ohio, Ohio Immigrants’ Rights Advocates File Class Action Suit Against ICE for Warrantless Arrests (Mar. 18, 2026)  
• Marty Schladen, Lawsuit against ICE from ACLU of Ohio alleges warrantless arrests, arrests of citizens, other abuses, Ohio Capital Journal (Mar. 26, 2026)  
• Giacomo Luca, ACLU of Ohio sues ICE over ‘unlawful arrest practices’, WLWT5 (Mar. 30, 2026)