Lawsuit alleges warrantless ICE arrests and racial profiling in New York

This article was originally published by Documented, an independent, non-profit newsroom dedicated to reporting with and for immigrant communities in New York City. The original article can be accessed here.

A class action lawsuit filed Thursday in federal court alleges U.S. immigration authorities are carrying out warrantless arrests based on racial profiling across New York.

The lawsuit, filed in the Eastern District of New York by the Workers’ Center of Central New York and eight Latino residents, claims Immigration and Customs Enforcement (ICE) is targeting Latino communities and other people of color in violation of constitutional protections.

Plaintiffs argue the enforcement strategy, described in the filing as a “surge in the shadows”, has led to widespread stops without suspicion and arrests without warrants, causing lasting harm to immigrant families.

The nearly 100-page complaint details more than a dozen arrests to support its claims. It also cites reporting from Documented that found a sharp increase in immigration arrests in the New York City area, including impacts on immigrant communities on Staten Island.

The lawsuit follows a broader federal immigration crackdown that resulted in nearly 3,000 street arrests in New York City during the first six months of 2025.

“It can happen almost anywhere,” said Harold Solis, an attorney with Make the Road New York representing the plaintiffs. “It can be just by walking down the block, going to work … nothing about that activity is unlawful or raises any suspicion, it’s just the way the person looks.”

A spokesperson for the Department of Homeland Security denied the allegations, calling claims of racial profiling “false.”

“Law enforcement officers use ‘reasonable suspicion’ to investigate immigration status and probable cause to make arrests consistent with the Fourth Amendment to the U.S. Constitution,” the statement read. “The Supreme Court has already vindicated us on these practices.”

Officials from the Department of Justice and the Federal Bureau of Investigation declined to comment, citing ongoing litigation.

Fear and daily life disruptions

The plaintiffs say the arrests have disrupted everyday life, with incidents occurring during routine activities such as commuting, walking or taking children to school.

“In some future, I hope they can see us the same way they see citizens,” said Rene Antonio Benitez, one of the plaintiffs. “That they don’t discriminate against us because of our facial features.”

Benitez, 36, said he was detained while driving his teenage daughter to school on Long Island. He joined the lawsuit after experiencing what he described as lasting emotional and financial strain on his family.

“You feel really sad because you leave the house and you don’t know if you’ll come back,” he said.

The lawsuit names several federal agencies and officials, including the Department of Homeland Security, Department of Justice, ICE, U.S. Border Patrol, FBI and the U.S. Marshals Service.

Allegations of targeted enforcement in New York City

While the complaint spans the entire state, it highlights New York City as a central focus of enforcement efforts.

Plaintiffs argue the city has been targeted because of its sanctuary policies. The lawsuit cites comments from federal officials suggesting increased enforcement in sanctuary jurisdictions.

Attorneys also allege that enforcement tactics rely on deception and quotas, describing operations that involve “ruses and trickery.”

According to the filing, one of the first large-scale operations occurred Jan. 28 of last year, when dozens of federal teams conducted coordinated arrests across the city.

Subsequent enforcement actions included raids in areas such as Canal Street — targeting West African communities — and a Home Depot in Jamaica, Queens.

The lawsuit also describes checkpoint-style arrests in immigrant-heavy neighborhoods including Corona, Jackson Heights and Flushing.

In Staten Island’s Port Richmond neighborhood, plaintiffs cite reporting that alleged agents targeted Latino residents at food pantries, discouraging people from accessing essential services.

“ICE runs this coordinated campaign of race-based stops, without any individualized suspicion about immigration status,” the lawsuit states, adding that enforcement often occurs during commuting hours in working-class neighborhoods.

Individual cases highlight broader claims

Two plaintiffs described encounters in New York City that they say illustrate the lawsuit’s broader claims.

Hesler Garcia Lanza, 24, a City University of New York graduate who works in theater lighting design, had received humanitarian protection for young immigrants, according to the lawsuit. He also had no criminal history.

Despite this, he was arrested earlier this year while heading to work.

According to the complaint, an unmarked SUV nearly struck him before multiple vehicles surrounded him. Agents allegedly ignored his work authorization and arrested him without a warrant.

He was released after two days in detention by a federal judge. The lawsuit states he now lives with anxiety and fears being arrested again because he is Latino.

Another plaintiff, identified as A.M.C., said he was approached outside his Bushwick apartment building by an ICE agent in plain clothes.

After being shown a photo of an unidentified man and questioned about his immigration status, he was surrounded by officers and arrested without a warrant, according to the filing.

The lawsuit notes that a white woman nearby was not questioned.

A.M.C., a 14-year New York resident and father of two U.S. citizens, was later released. He now fears leaving his home due to the possibility of another arrest.

Broader concerns

Solis said the cases reflect a troubling pattern.

“What’s surprising is how little regard there’s been in some of these situations for people’s lives,” he said.

He pointed to Garcia’s case as particularly striking.

“College graduate, magna cum laude … trying to get to work, trying to do everything right,” Solis said. “And yet he gets arrested and has to spend time detained. That experience is harrowing.”

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