Federal immigration enforcement practices in Ohio are under legal scrutiny as a group of immigrants alleges that agents have been detaining individuals without warrants or proper cause, raising questions about compliance with federal law. The class action complaint was filed on March 18, 2026, in the United States District Court for the Southern District of Ohio by Moises Javier Aguilar Peralta, F.M., S.T., and Jose Armando de Leon Zapata against the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), Border Patrol, and several officials in their official capacities.
According to the filing, plaintiffs claim that plain clothed, masked, and armed federal agents have been patrolling Ohio streets, stopping and detaining individuals without warrants or individualized assessments of escape risk. The lawsuit states that these actions are part of a broader federal initiative aiming to arrest thousands of immigrants daily nationwide. The complaint highlights that “federal government has vowed to arrest 3,000 immigrants each day,” which plaintiffs argue has led to a pattern of unlawful behavior by federal agents who are “insufficiently trained” and “deployed under pressure to meet this goal.”
The plaintiffs describe multiple incidents where they were arrested during routine activities such as leaving work or shopping. For example, Moises Javier Aguilar Peralta reports being arrested by four men in civilian clothing while leaving a Home Depot near his home on December 18, 2025. He was not shown a warrant nor given an individualized assessment regarding his likelihood to escape before being detained for twenty-seven days until an immigration judge found he was not a flight risk.
Another plaintiff identified as F.M., who fled Kenya in 2023 and applied for asylum after arriving in Ohio, recounts being apprehended by four men without a warrant while working as a delivery driver on April 22, 2025. F.M. spent five weeks in detention before release on bond when it was determined he did not pose an escape risk.
S.T., originally from Peru and living in Columbus since 2014 with her family—including one U.S.-born child—was arrested at her workplace parking lot by officers wearing ICE vests who did not present a warrant or inquire about her ties to the community. She was released after one month when an immigration judge found she was not likely to flee.
Jose Armando de Leon Zapata describes being detained while traveling to work on September 30, 2025. Initially stopped by local police before CBP agents arrived, he says he was arrested without being asked about his background or likelihood to escape.
The complaint asserts that these experiences are not isolated but indicative of “Defendants’ unlawful policy and practice” across Ohio since at least April 22, 2025. It cites data showing that “the vast majority of immigration detainees in Ohio and 73% of immigration detainees nationwide lack any criminal record.” Plaintiffs also note heightened fear among immigrant communities due to increased enforcement activity following changes in Temporary Protected Status (TPS) designations for Haitians and Somalis living in Ohio.
Legally, plaintiffs argue that federal law—specifically 8 U.S.C. § 1357(a)(2)—requires probable cause both for believing someone is removable from the United States and that they are likely to escape before obtaining a warrant. The suit claims ICE has disregarded its own policies meant to ensure compliance with these requirements: “ICE has recently rejected its own previous requirement that immigration officers must gain prior supervisor approval… instead preferring more ‘spontaneous’ arrests.” A January 28, 2026 memo from Defendant Todd M. Lyons is cited as broadening factors used to justify arrests so much that virtually anyone encountered could be detained without proper assessment.
The complaint further references similar findings from courts across the country declaring such practices unlawful if they do not comply with statutory probable cause requirements.
Plaintiffs seek class certification for all persons arrested since April 22, 2025 for alleged immigration violations without warrants or individualized probable cause assessments regarding escape risk. They request declaratory judgment stating defendants’ policies violate federal law; vacatur and injunctions against continuing these practices; orders requiring documentation justifying any future warrantless arrests; expungement of records related to allegedly unlawful arrests; attorneys’ fees; costs; and other appropriate relief.
Attorneys representing the plaintiffs include John S. Marshall, Helen M. Robinson, Edward R. Forman, Samuel M. Schlein, Madeline J. Rettig (Marshall Forman & Schlein LLC), Freda J. Levenson and Amy Gilbert (ACLU of Ohio Foundation). The case is identified as No.: 2:26-cv-337.
Source: 226cv00337_Peralta_v_Department_of_Homeland_Security_Complaint_Southern_District_Ohio.pdf
