Samuel Guzmán, et al. v. U.S. Department of Homeland Security, et al., Case No. 1:26-cv-03579
Summary
We Are CASA and four Maryland residents filed a putative class action lawsuit in federal court in Maryland challenging ICE's practice of arresting people without a warrant. They are asking the court to declare the agency's "arrest first, ask questions later" practice unlawful and to order ICE to follow the statute and Fourth Amendment when arresting people without a warrant. They have also moved for a preliminary injunction and for certification of a class covering people arrested under the challenged practice since January 20, 2025.
Federal law allows an immigration arrest without a warrant only when an officer has probable cause to believe both that the person is in the country unlawfully and that the person would flee before a warrant could be obtained. Plaintiffs allege that ICE agents in Maryland make neither of those determinations, arresting people based on how they look and often without learning their names, and that nearly 7,000 such arrests have taken place in the state since January 2025. They allege this is agency policy rather than isolated conduct, pointing to an internal ICE memorandum that leaves out a person's ties to the community when telling agents how to judge whether someone might flee. The lawsuit argues the practice violates federal immigration law and the Fourth Amendment.
Co-counsel:
The National Immigration Project is co-counsel with We Are CASA, the Amica Center for Immigrant Rights, and the ACLU of Maryland.