ICE Unlawful Stops and Warrantless Arrests Class Action, Were Your Rights Violated in New York?

A federal class action lawsuit filed on April 9, 2026, in the U.S. District Court for the Eastern District of New York accuses Immigration and Customs Enforcement and the Department of Homeland Security of conducting unlawful stops and warrantless arrests of Latino residents across New York City and Long Island — with no legal basis other than their appearance and the language they were speaking. The lawsuit was filed by the Legal Aid Society, the New York Civil Liberties Union, Make the Road New York, and law firm Covington & Burling LLP on behalf of eight named plaintiffs. If you or someone you know was stopped, detained, or arrested by ICE in New York without a warrant and without any other legal basis, this case may directly affect you.

Quick Facts

Field	Detail
Defendants	Department of Homeland Security, ICE, Customs and Border Protection, and federal officials
Lawsuit Filed	April 9, 2026
Court	U.S. District Court, Eastern District of New York (Brooklyn)
Filed By	Legal Aid Society, NYCLU, Make the Road NY, Covington & Burling LLP
Named Plaintiffs	Eight Latino New York residents
Affected Period	October 2025 – March 2026 (and ongoing)
What Is Alleged	Suspicionless stops, warrantless arrests, and racial profiling of Latino residents
Relief Sought	Injunction to stop unlawful stops and arrests; civil rights damages
Settlement Amount	TBD — no settlement reached; injunctive relief is primary goal
Claim Deadline	TBD

Where Things Stand Right Now

• The class action was filed on April 9, 2026. No class has been certified and no trial or settlement date has been set.
• New York State Attorney General Letitia James publicly condemned the conduct described in the lawsuit and expressed support for the plaintiffs.
• ICE and the Department of Homeland Security had not responded to requests for comment as of the date of filing.

What the Lawsuit Claims ICE Did

The lawsuit alleges that ICE agents operating in New York City and Long Island have conducted scores of suspicionless stops and unlawful arrests of Latinos based solely on the color of their skin. The plaintiffs were not stopped because of any specific criminal suspicion or immigration enforcement tip — they were stopped while doing ordinary things in ordinary places.

The plaintiffs were stopped by ICE while driving their children to school, pumping gas, and walking through a parking lot. Federal ICE agents took them into custody and held them for days — sometimes weeks — until their immigration status could be confirmed and they were released.

The lawsuit describes three specific incidents that illustrate the broader pattern. Plaintiff Juan Carlos Quintero, a 41-year-old, was arrested while watching a game of dominoes in Staten Island. He was surrounded by federal agents in three unmarked cars and handcuffed after telling agents he did not have an ID on him. In a second incident, a 36-year-old Hispanic man was arrested entering his apartment building in Bushwick, Brooklyn, while coming home from work. In a third incident, a 24-year-old Hispanic man and graduate of the City University of New York was arrested on his way to the Long Island Rail Road in Hempstead.

Federal law requires that agents have probable cause of both an immigration violation and a likelihood of escape before making a warrantless arrest — something ICE agents often ignore, attorneys for the plaintiffs claim. The suit further alleges that agents are flouting these laws in an effort to meet immigration arrest quotas, and that in the first six months of the current administration, immigration officials arrested 2,888 non-citizens in the greater New York City area — more than triple the amount arrested in the first six months of the previous administration.

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The Nassau County Angle

Five of the eight plaintiffs in this lawsuit are from Long Island, and the lawsuit specifically addresses the role of Nassau County’s law enforcement in facilitating these stops. Nassau County Police entered into an agreement with ICE that gives local officers immigration enforcement authority.

The NYCLU had previously filed a separate lawsuit in 2025 specifically challenging that Nassau County 287(g) agreement, arguing it violates New York state law prohibiting local law enforcement from conducting civil immigration arrests for ICE, undermines people’s rights against unreasonable search and seizure, and will lead to rampant racial profiling.

This new April 2026 class action goes further — targeting the federal agencies themselves, not just the local agreement.

Who May Qualify to Be Part of This Lawsuit?

This lawsuit seeks to represent a broad class of people who experienced similar conduct anywhere in New York. You or someone you know may qualify if:

• You are a Latino resident of New York City, Long Island, or elsewhere in New York State
• You were stopped by ICE or Customs and Border Protection agents between October 2025 and the present
• The stop occurred in a public place — on the street, in a parking lot, near your home, in transit, or in a similar setting
• Agents had no warrant and gave no specific legal basis for stopping or detaining you
• You were held in detention for any period of time — hours, days, or weeks — before being released
• You were stopped, questioned, or detained based on your appearance, ethnicity, or the language you were speaking — not based on any specific suspicion of a crime

You do not need to be undocumented to potentially have a claim. U.S. citizens and lawful residents who were unlawfully stopped or detained based on their appearance may also have civil rights claims.

What Relief the Lawsuit Seeks

Unlike consumer class actions that result in cash payouts, this is primarily a civil rights lawsuit seeking to stop ongoing unlawful conduct. The relief sought includes:

• A court injunction ordering ICE and DHS to stop conducting suspicionless stops and warrantless arrests based on race or ethnicity in New York
• Civil rights damages for the named plaintiffs and class members who were unlawfully detained
• A ruling that the stops and arrests described violate the Fourth Amendment (which prohibits unreasonable searches and seizures) and the Fifth Amendment (which guarantees equal protection under the law)
• Attorneys’ fees and costs

What To Do If You Were Unlawfully Stopped or Arrested by ICE

If you or someone you know was stopped or detained by ICE in New York without a warrant or legal justification, take these steps:

1. Write down everything immediately — document the date, time, location, what agents said, what you said, how many agents were present, whether they had a warrant, and how long you were held. Details fade quickly.
2. Contact the Legal Aid Society — the organization is one of the lead filers on this lawsuit and provides free immigration legal services to New York residents. Call their immigration hotline at (212) 577-3300.
3. Contact the NYCLU — the New York Civil Liberties Union is also on this case. You can reach them at (212) 607-3300 or through nyclu.org.
4. Contact Make the Road New York — this immigrant advocacy organization is a co-filer. They can be reached at maketheroadny.org or by calling (718) 565-8500.
5. Know your rights — under the Fourth Amendment, ICE cannot stop or detain you without reasonable suspicion of a specific violation. You have the right to remain silent and the right to an attorney. You are not required to answer questions about your immigration status.
6. Document any witnesses — if anyone saw the stop or arrest, get their names and contact information. Witness accounts strengthen legal claims significantly.

Key Dates & Timeline

Milestone	Date
Incidents Described in Lawsuit Begin	October 2025
NYCLU Files Suit Over Nassau County 287(g) Agreement	June 2025
Class Action Filed in Eastern District of New York	April 9, 2026
Class Certification Hearing	TBD
Injunction Hearing	TBD
Trial or Settlement	TBD
Claim Deadline	TBD

Frequently Asked Questions

Do I need to be undocumented to be part of this lawsuit?

 No. This lawsuit challenges the constitutionality of stops based on race and appearance — not immigration status. U.S. citizens, lawful permanent residents, visa holders, and undocumented individuals all have Fourth Amendment protections against unreasonable stops and warrantless arrests. If you were stopped or detained unlawfully, your immigration status does not eliminate your civil rights claim.

Do I need a lawyer to join this class action? 

You do not need to hire a private attorney. The Legal Aid Society, NYCLU, and Make the Road New York provide free legal representation and are actively seeking people who have experienced similar stops and detentions. Contact any of these organizations directly — there is no cost.

When would I receive any money from this lawsuit?

 The primary goal of this lawsuit is a court order stopping the unlawful stops and detentions — not a cash settlement. If the case does result in damages for class members, that process would take years. No settlement amount has been proposed, and no timeline for payment exists at this stage.

What is the legal standard ICE must meet before arresting someone? 

Federal law requires that ICE agents have probable cause of both an immigration violation and a likelihood of escape before making a warrantless arrest. A person’s race, ethnicity, or the language they are speaking does not meet that legal standard on its own.

What is a 287(g) agreement and why does it matter here? 

A 287(g) agreement is a federal program that allows local police departments to perform certain immigration enforcement functions on behalf of ICE. Nassau County’s agreement revives a task force model that was phased out over a decade ago after a string of documented civil rights abuses. The lawsuit argues that enforcement conducted under these agreements — combined with ICE’s broader conduct in New York — has produced a pattern of unconstitutional stops.

Is it safe to come forward if I was stopped by ICE?

 The organizations filing this lawsuit — the Legal Aid Society, NYCLU, and Make the Road New York — are civil rights and legal aid organizations. Consultations with them are confidential. They have extensive experience representing immigrant communities and can advise you on the risks and protections available before you decide how to proceed.

What happens if I was stopped but released immediately?

 Even a brief stop — with no arrest or detention — may be legally significant if it was conducted without reasonable suspicion. Document what happened and contact one of the filing organizations. A pattern of brief stops targeting Latino residents is part of what this lawsuit challenges.

Sources & References

1. NYCLU — Nassau County 287(g) Lawsuit Press Release

Last Updated: April 10, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney. If you have an urgent legal matter related to immigration enforcement, contact the Legal Aid Society or the NYCLU immediately.