A collective of Maryland residents, organized with the help of the immigrant advocacy group CASA, has initiated a class-action lawsuit against the Department of Homeland Security. This legal action comes in response to a series of extensive immigration-related arrests that have occurred over recent months.
The lawsuit alleges that the U.S. Immigration and Customs Enforcement is following “a consistent policy: aggressively detaining individuals who are perceived as Brown or Black immigrants, executing arrests without warrants and neglecting the individualized assessments required by law for such warrantless actions.”
The complaint contends that ICE has been violently apprehending and detaining people without warrants or prior investigation — a practice referred to as “arrest first, ask questions later,” which violates three separate court rulings made since President Donald Trump took office in 2025.
Among the plaintiffs is Samuel Guzman, a resident of Anne Arundel County and a U.S. citizen born in Maryland. The lawsuit details an incident in which he was apprehended in the parking lot of a 7-Eleven in Annapolis, restrained, and subsequently taken to another location where he was held alongside other Latino individuals.
“He was kidnapped by ICE agents outside a 7-Eleven in June, despite his repeated assertions that he was born in this country,” stated Austin Rose, managing attorney for the Amica Center for Immigrant Rights. “One ICE officer even challenged him, saying, ‘If you are an American citizen, why don’t you speak better English?’”
The other three individuals involved in the lawsuit are identified only by their initials and have resided in the United States for at least one to two decades. They come from various locations in Maryland, including Prince George’s, Montgomery, and Wicomico counties. The complaint asserts that all four have experienced illegal arrests by ICE and feel they are at significant risk of being detained again.
“Guzman vs. DHS combats this unjust, discriminatory policy of arrest first, ask questions later,” remarked Shana Khader, legal director at We Are CASA.
The plaintiffs request that a federal judge recognize class representatives for anyone who, since January 20, 2025, has faced or will face arrests in this District for alleged immigration violations without proper warrants and without individualized assessments indicating probable cause for the arrests. This includes those who may be regarded as flight risks.
The lawsuit also seeks a judicial declaration that current practices violate the Fourth Amendment and demands that the government halt warrantless immigration arrests absent probable cause.
“Federal law is explicit: immigration agents must secure a warrant to make an arrest,” asserted Sonia Kumar from the ACLU of Maryland. “This is the principle that guides their operations. There is a very narrow exception created by Congress, intended for those agents who have probable cause to believe someone is unlawfully present and could be a flight risk. This exception is not a license to pursue individuals just going about their daily lives.”
In response, DHS provided a statement to WTOP through a spokesperson, denying allegations of illegal practices and dismissing claims that ICE agents are targeting Hispanic communities.
“Allegations that DHS law enforcement engages in ‘racial profiling’ are offensive, unfounded, and entirely FALSE,” the statement asserted. “The criteria for immigration enforcement is residency status in the U.S., not an individual’s skin color, race, or ethnicity. ICE operates under the authority granted by 8 USC 1357, utilizing ‘reasonable suspicion’ to investigate immigration status and probable cause for arrest consistent with the Fourth Amendment. Our practices have been affirmed by the Supreme Court.”
The agency also pointed to recent arrests in Maryland, which it labeled as targeting “the worst of the worst” — immigrants who have entered the country illegally and have been convicted of serious crimes like murder and sexual offenses.
“ICE agents ensure the enforcement of our nation’s immigration laws across all 50 states, serving seven days a week, 24 hours a day,” the spokesperson’s statement concluded.
Similar lawsuits filed in Washington, D.C., and other states have seen success against the government.
“We aspire to achieve a similar outcome as in D.C., where there was significant reduction in warrantless arrests,” Rose expressed. “However, while progress has been made, the issue is far from resolved. The prior D.C. case reached a point where the injunction was violated, necessitating further legal intervention to enforce compliance.”
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