- “To arrest someone whose circumstances haven’t changed, simply because it can, is the definition of lawlessness.” – Erin Meyer, partner at Keker, Van Nest & Peters LLP
By Vanguard Staff
SAN FRANCISCO – Civil rights advocates have filed a sweeping federal class-action lawsuit against the Trump administration, accusing immigration officials of unlawfully re-arresting and detaining immigrants who were previously released after being determined not to be dangerous or flight risks. The lawsuit challenges what plaintiffs describe as an “unprecedented and unlawful” reversal of decades of federal policy that respected the due process rights of noncitizens living in the community.
The complaint, filed in the U.S. District Court for the Northern District of California, names the Department of Homeland Security, Immigration and Customs Enforcement, and several high-ranking officials, including DHS Secretary Kristi Noem and ICE Acting Director Todd Lyons. It alleges violations of the Administrative Procedure Act, the Due Process Clause, and the Fourth Amendment.
The case was brought on behalf of asylum seekers living in the Bay Area who were legally pursuing their immigration cases and complying with all conditions of release before ICE agents began to detain them again without warning. Attorneys for the plaintiffs argue that the administration’s new “Re-Detention Policy” violates constitutional protections and decades of established federal practice.
According to the complaint, for decades the federal government followed a clear rule: individuals released from immigration custody could not be re-arrested unless there was a material change in their circumstances that indicated they posed a danger or flight risk. This long-standing policy was abruptly abandoned in May 2025 when ICE began re-arresting and re-detaining immigrants across Northern and Central California without any individualized justification.
“Our clients have followed the rules, gone to their immigration court hearings, and done everything they understood they needed to do to remain free while they seek relief in immigration court,” said Bree Bernwanger, senior staff attorney at the ACLU of Northern California. “ICE is acting lawlessly, ripping them from their families, homes, and communities for no reason.”
Since May, the complaint alleges, ICE has arrested more than 100 immigrants who appeared for mandatory court hearings and supervision check-ins, despite having no criminal history or record of missed appearances. Many have been torn from their families and sent to detention centers hundreds of miles away. Others face the constant fear of being re-detained simply for complying with government instructions.
“The government is acting with unchecked, arbitrary power,” said Erin Meyer, a partner at Keker, Van Nest & Peters LLP. “To arrest someone whose circumstances haven’t changed, simply because it can, is the definition of lawlessness. We are in court to demand that the government follow its own rules and stop its use of compliance as a trap.”
The lawsuit describes a campaign of courthouse and check-in arrests that has upended immigrant communities throughout California. According to court filings, ICE agents have appeared at immigration courts in San Francisco, Concord, and Sacramento to detain people moments after their hearings conclude. The agency has also re-arrested immigrants during required check-ins at ICE offices and through private contractors administering supervision programs.
The complaint further alleges that the Trump administration’s policy has had devastating consequences. Families have been separated, children have been left without caregivers, and individuals pursuing lawful claims for asylum or relief have been denied meaningful access to counsel. The plaintiffs argue that these actions violate basic principles of fairness and due process by revoking liberty without individualized assessment or justification.
The plaintiffs include several asylum seekers with strong community ties who were previously released on their own recognizance and have fully complied with all legal obligations. Among them is Frescia Garro Pinchi, a 27-year-old woman from Peru who was arrested at the San Francisco Immigration Court immediately after a routine hearing despite having no criminal history and a pending asylum case. Another plaintiff, Juany Galo Santos, fled violence in Honduras and is the sole caregiver for her two daughters, one of whom has complex medical needs. A third, Jose Waldemar Teletor Sente, has lived and worked in San Francisco since 2019 while raising his young son.
The lawsuit argues that their re-arrests are part of a broader campaign by the Trump administration to expand detention and accelerate deportations, regardless of individual circumstances. It points to public statements by administration officials emphasizing arrest quotas and mass detention as policy goals rather than individualized enforcement decisions.
Filed by the ACLU Foundation, ACLU Foundation of Northern California, Centro Legal de la Raza, and Keker, Van Nest & Peters LLP, the class-action suit seeks to permanently block ICE from re-detaining individuals who were previously found not to be flight risks or public safety threats. The plaintiffs are also seeking class certification to protect all noncitizens within ICE’s San Francisco jurisdiction who face similar risks of arbitrary re-detention.
“We are honored to work hand-in-hand with our clients in the fight against ICE’s illegal arrests in our community,” said Abby Sullivan Engen, immigrants’ rights co-directing attorney at Centro Legal de la Raza. “Our clients are bravely stepping up not only for themselves, but for the thousands of people at risk of being targeted by this administration’s unjustified and immoral re-detention policy.”
The lawsuit argues that ICE’s actions are contrary to the Immigration and Nationality Act, which requires individualized findings of danger or flight risk before detention. It also contends that the administration’s sweeping policy constitutes arbitrary and capricious government action under the Administrative Procedure Act and violates the constitutional protection against unreasonable seizures.
A related class-action lawsuit filed last month challenges ICE’s practice of arresting immigrants at Northern California courthouses and holding them for days in inhumane conditions inside its San Francisco field office.
The plaintiffs in the new case seek to end what they describe as a lawless pattern of “re-arresting people for following the rules” and to restore long-standing legal safeguards that protect noncitizens from arbitrary detention.
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