A sweeping North Carolina Immigration Lawsuit claims federal agents violated constitutional rights by making immigration arrests without warrants or probable cause.
A bombshell federal lawsuit just landed in North Carolina — and it’s aiming straight at the top of the Department of Homeland Security.
Four U.S. citizens and one visa holder have filed a federal class-action lawsuit in the U.S. District Court for the Western District of North Carolina, accusing federal immigration agents of making arrests without warrants or probable cause — and they’re asking a judge to shut it down statewide.
The lawsuit names Homeland Security Secretary Kristi Noem and Customs and Border Protection Commissioner Rodney S. Scott as defendants.
The legal filing says Immigration and Customs Enforcement (ICE) arrested 3,304 people in North Carolina between Jan. 20 and Oct. 15, 2025 — more than 2.8 times higher than the same time period in 2024.
Much of that spike followed a massive November crackdown known as “Operation Charlotte’s Web.” Hundreds of federal agents flooded Charlotte and surrounding communities.
The lawsuit claims the impact was immediate and chilling.
“SMASHED MY WINDOW” — LEAD PLAINTIFF SPEAKS OUT
The lead plaintiff, Willy Wender Aceituno, says ICE agents smashed the window of his truck and handcuffed him — despite another group of officers confirming minutes earlier that he was a naturalized U.S. citizen who has lived in Charlotte for 25 years.
He was later released without charges.
Another plaintiff, 23-year-old Charlotte native Yoshi Cuenca Villamar, says he was tackled while working as a landscaper.
Ruben Arguera Lopez — a cook who holds a U visa (granted to crime victims who assist law enforcement) — also says he was detained.
Two additional plaintiffs, brothers and both U.S. citizens, say they were arrested in January without even being asked about their status.
Their attorneys argue federal agents are stretching — or outright ignoring — the legal standard required for warrantless arrests.
The lawsuit also highlights a January 2026 memo from senior ICE official Todd Lyons.
According to the complaint, the memo encouraged agents to broaden what counts as a “risk of flight,” expanding justification for warrantless arrests.
Plaintiffs argue that interpretation opens the door to constitutional violations.
DHS RESPONDS: “CATEGORICALLY FALSE”
A DHS spokesperson called the allegations “categorically false,” saying immigration enforcement is based strictly on legal status — not race or ethnicity.
The department also pointed to a September emergency order from the U.S. Supreme Court that allowed similar enforcement tactics to continue in Los Angeles while litigation proceeds. That order did not settle the broader constitutional questions.
Immigrant advocacy organizations including El Pueblo and Siembra NC say neighbors’ cellphone videos of arrests brought public attention to what was happening in local communities.
The plaintiffs are represented by the American Civil Liberties Union and the Southern Coalition for Social Justice.
“Federal immigration agents have consistently ignored the law and trampled civil rights in North Carolina,” said Corina Scott of the ACLU of North Carolina.
The lawsuit is seeking a court order barring federal agents from making warrantless immigration arrests across North Carolina.
READ THE FULL LAWSUIT BELOW:
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