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NORTH CAROLINA — A lawsuit was filed today on behalf of five individuals — and a class of similarly situated people — to prevent unlawful warrantless immigration arrests across North Carolina by the U.S. Department of Homeland Security (DHS) and its agencies, U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Border Patrol (USBP). The Trump administration, through DHS, has accelerated its immigration crackdown across North Carolina. Armed and masked DHS agents, including ICE, CBP, and USBP, have roamed Charlotte, Durham, Raleigh, and other communities, arresting and detaining people indiscriminately without warrants or legal justification. Despite public outcry, DHS violence has persisted. The American Civil Liberties Union of North Carolina (ACLU‑NC), the American Civil Liberties Union (ACLU), Democracy Forward, and Southern Coalition for Social Justice (SCSJ) filed the lawsuit on behalf of five plaintiffs: Willy Wender Aceituno, 46, a naturalized U.S. citizen who has lived in Charlotte for over 25 years; Yoshi Cuenca Villamar, 23, a U.S. citizen who was born in North Carolina and has lived in Charlotte his entire life; Ruben Arguera Lopez, 39, a visa holder who has lived in Charlotte for 15 years and obtained a humanitarian U-Visa after helping law enforcement investigate a serious crime; Edwin Godinez, 29, a U.S. citizen who was born in California and has lived in Spencer for seven years; and Yair Alexander Napoles, 22, a U.S. citizen who was born in North Carolina, currently resides in Salisbury, and is the brother of Edwin Godinez. The lawsuit names ICE, CBP, USBP, DHS, DHS Secretary Kristi Noem, CBP Commissioner Rodney S. Scott, Chief of Border Patrol Michael W. Banks, Senior Official Performing the Duties of ICE Director Todd Lyons, and Atlanta ICE Field Office Director for Enforcement and Removal Operation Sean Gallagher as defendants. Each plaintiff was subjected to a warrantless immigration arrest without the probable cause federal law requires, including a determination that the person is removable from the United States and likely to escape before officers can obtain a warrant. Please see a summary of each plaintiff's experience and their quotes below. Aceituno, Cuenca, Arguera Lopez, Godinez, and Napoles seek to represent a class of individuals who have been or will be subjected to similar warrantless immigration arrests by DHS in North Carolina. They are asking the federal court for the Western District of North Carolina to declare DHS’s warrantless arrest policy unlawful and to issue a court order permanently blocking the named agencies from continuing to conduct warrantless immigration arrests without individualized probable cause “Federal immigration agents have consistently ignored the law and trampled civil rights in North Carolina,” said Corina Scott, staff attorney at the ACLU of North Carolina. “This lawsuit seeks to stop this abuse of power and demand accountability going forward so that our communities do not continue to suffer violent and unlawful arrests.” “When armed, masked agents are breaking car windows, handcuffing people without probable cause, and dumping them on the side of the road, that is not law enforcement, it is lawlessness,” said Skye Perryman, president and CEO of Democracy Forward. “Federal agencies do not have the authority to sweep up people in America — whether they are U.S. citizens, lawful residents, or anyone else — without legal justification.” Courts have blocked these tactics in Oregon, Washington, D.C., and Colorado. DHS operations in Los Angeles, Chicago, and Minneapolis have also involved arresting individuals in public places without reason to believe they are unlawfully present or non-citizens, prompting ongoing lawsuits. As seen in the plaintiffs’ accounts, the arrests are often violent and destructive to personal property. Amid mounting pressure from North Carolina civil rights and grassroots groups, faith leaders, and business owners, elected officials across the political spectrum have also voiced concern. U.S. Senator Thom Tillis (R-NC) sent a February 2 letter to DHS citing arrests of U.S. citizens — including Aceituno — and requesting information ahead of Secretary Noem’s March 3 Senate committee testimony. Last year, Governor Josh Stein raised similar concerns in a November 21, 2025 letter, criticizing DHS’s lack of transparency and coordination with state and local officials. This lawsuit takes concrete action to advance what many have been calling for: ending unlawful warrantless arrests, holding federal immigration agencies accountable, and protecting all North Carolinians from abusive federal actions, regardless of ethnicity or immigration status. Its outcome could set a clear standard for how ICE, CBP, USBP, and DHS operate across the state. “The unlawful tactics being used by federal immigration agents across North Carolina must stop,” said Jake Sussman, chief counsel of Justice System Reform at Southern Coalition for Social Justice. “We cannot continue to allow our own government to break the law, make up rules as it goes, and abuse and assault communities across the state. This lawsuit is one step toward reining in that behavior.” “The ICE and CBP arrests in North Carolina reflect a pattern of ‘detain-first, justify-later' tactics,” said Lucia Goin, staff attorney at the ACLU Immigrants’ Rights Project. “These actions violate federal law and the rights of North Carolina residents, like those already blocked by courts in other cities.” Read the full complaint here. Plaintiff arrest summaries and quotes are here. .

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