Lawsuit alleges targeted U.S. citizens in NC immigration arrests
A group of US citizens and a visa holder have filed a federal class-action lawsuit against the Department of Homeland Security, accusing them of making immigration arrests without proper warrants or probable cause in North Carolina. The lawsuit, lodged in U.S. District Court for the Western District of North Carolina, alleges that Immigration and Customs Enforcement officers detained individuals without reasonable cause to believe they were in the country illegally or likely to flee, a prerequisite for warrantless arrests.
This legal action follows a surge in immigration enforcement activities within the state, with ICE apprehending 3,304 individuals in North Carolina between January 20 and October 15, 2025—nearly triple the tally from the corresponding period in 2024. The heightened enforcement was notably mobilized under “Operation Charlotte’s Web” in November, deploying hundreds of federal agents across Charlotte and adjacent regions. The operation coincided with a significant spike in school absenteeism in the Charlotte-Mecklenburg district, with approximately 30,000 students absent on a single day.
The lawsuit references a January 2026 memorandum by a senior ICE official, Todd Lyons, purportedly endorsing an expanded use of warrantless apprehensions by broadly interpreting factors indicating the potential for flight. Willy Wender Aceituno, the lead plaintiff and a naturalized Charlotte resident of 25 years, recounted an incident where ICE officials smashed his vehicle window and handcuffed him despite confirming his citizenship minutes earlier. Similarly, other plaintiffs described unwarranted detentions, including Yoshi Cuenca Villamar, Ruben Arguera Lopez, and two brothers who are US citizens.
Legal representatives for the plaintiffs argue that ongoing unjustified arrests prompt the filing of this lawsuit, with recent detentions involving named plaintiffs. The lawsuit seeks an injunction prohibiting federal agents from executing warrantless immigration apprehensions in North Carolina, mirroring recent court decisions elsewhere limiting similar enforcement tactics.
Responding to the allegations, a DHS spokesperson refuted claims of misconduct, asserting that immigration enforcement revolves around legal status rather than race or ethnicity. The department emphasized adherence to constitutional and federal regulations, enunciating the Supreme Court’s validation of related enforcement policies in a recent order. Advocacy groups like El Pueblo and Siembra NC have highlighted the adverse community impacts of unwarranted immigration arrests, urging corrective measures.
The plaintiffs, represented by the ACLU and the Southern Coalition for Social Justice, seek accountability for what they perceive as systemic rights violations in immigration enforcement within North Carolina. Attorney Corina Scott from the ACLU of North Carolina accredits federal immigration agents for infringing on civil liberties and evading legal requirements. The collective efforts of legal advocates and advocacy groups underscore a persistent commitment to safeguarding constitutional rights amidst escalating immigration enforcement actions.