Five Hispanics, including U.S. citizens, who had violent interactions with federal agents during immigration operations Those who worked in North Carolina filed a class-action lawsuit in the U.S. District Court for the Western District of North Carolina.
The federal lawsuit filed on Tuesday, February 24, against the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and the Customs and Border Protection (CBP) aims to “prevent a pattern of illegal arrests "Without a court order in North Carolina, it is harmful to communities."
“Each plaintiff was arrested by DHS agents without probable cause to believe that he is legally deportable and poses a flight risk, determinations required by federal law for warrantless arrests,” says Democracy Forward, one of the four organizations that filed the lawsuit on behalf of the plaintiffs.
The lawsuit comes after Republican Senator Thom Tillis of North Carolina, will send a letter to Kristi Noem, secretary of the Department of Homeland Security (DHS)to demand answers and details about the work of the Border Patrol agents (CBP) and ICE in the state.
The letter, sent Monday, Feb. 2, focuses on operations carried out by those agencies in North Carolina, on the “Charlotte's Web” operation carried out in November 2025, and in those carried out in Minnesota, which turned violent and tragic.
Tillis welcomed the arrest of immigrants with criminal records, but expressed concern about reports alleging that U.S. citizens were detained, subjected to force and suffered personal and property damage.
In the letter, the senator requests written answers from Secretary Noem and the production of detailed information on each arrest and interaction carried out in the operations in North Carolina and Minneapolis, and requests answers by the beginning of March.
Related: Government considers seven new ICE detention centers, three in North Carolina
Tactics that have already been sued in other states
The organization cites that courts have blocked these types of tactics in other jurisdictions, and they are consistent with the DHS's reckless actions in Los Angeles, Chicago, Minneapolis, Portland, Washington D.C., And in Colorado.
The tactics involve arresting people in public places without reason to believe they are present illegally or are not citizens, including legally present immigrants with proper documentation and U.S. citizens.
“These arrests are often violent and destructive to personal property,” says Democracy Forward, which joined the lawsuit with the American Civil Liberties Union of North Carolina (ACLU-NC), the national ACLU, and the Southeastern Social Justice Coalition (SCSJ).
Related: ICE plans to use a warehouse in Concord as an immigrant detention center
Operation Charlotte's Web caused severe damage
In mid-November, CBP conducted the week-long operation, “Charlotte's Web”, with a team of at least 200 agents who arrived in the Queen City in military uniforms, masked and armed with rifles.
According to DHS, 425 people were arrested in the operation that began on Saturday, November 14 and extended until Friday, November 21.
The operation extended to Durham, Raleigh and other locations, where people were detained “indiscriminately and without arrest warrants or legal justification,” says Democracy Forward, one of the four organizations that filed the lawsuit on behalf of the five Hispanics and others who may be affected.
“DHS arrests are frequently violent and destructive. Agents break car windows, drag people from vehicles, confiscate phones and car keys, chase and force vehicles off the road, and force people to the ground to handcuff them. Arrests become dangerous situations that endanger the safety of both the person being arrested and witnesses,” the lawsuit states.
The document also highlights that the operation caused severe harm to communities in North Carolina, particularly to children.
“More than 30,000 students, around 20% of the students in Charlotte-Mecklenburg Schools (CMS) were absent from classes "On Monday, November 17, amid the CBP operation. Thus, other districts, such as Durham Public Schools, reported a 68% increase in absences that week," the lawsuit states.
The five plaintiffs
Among the plaintiffs is Willy Aceituno, 46, a naturalized citizen of Honduran origin, who was intercepted by Border Patrol agents in a parking lot on South Boulevard on the first day of the operation, and whose interaction, which turned violent, was filmed by witnesses and went viral on social media.
Also among them are Edwin Godínez, 29, born in California, and his stepbrother Yair Alexander Nápoles, born in North Carolina. The two young Americans experienced dramatic moments during a Interaction with ICE agents in SalisburyOn January 5, they were mistreated and had their cell phones confiscated before their immigration status was verified. The encounter was recorded on video, which went viral.
Other Hispanics in the lawsuit are: Yoshi Cuenca Villamar, 23, born in North Carolina, and Rubén Arguera López, 39, a legal resident of Salvadoran origin, who obtained a U visa after being assaulted in 2020.
The class-action lawsuit cites details of the arrests of each of the plaintiffs, who are asking the U.S. District Court for the Western District of North Carolina to declare the DHS's policy of warrantless mass arrests illegal and to issue a permanent injunction blocking these illegal practices.
Related: Are you observing an immigration operation? Know what you can and cannot do according to the law.
The lawsuit seeks to stop the abuse of power
Skye Perryman, president and CEO of Democracy Forward, said that Congress has been explicit regarding immigration arrests without due process. court order that require proof of an individualized probable cause.
“When armed, masked agents break car windows, handcuff people without probable cause and throw them on the side of the road, that’s not law enforcement, that’s lawlessness,” Perryman said.
Perryman pointed out that the DHS is carrying out mass arrests that ignore the limits imposed by Congress and required by the Constitution.
“This case is about restoring basic limits on government power and ensuring that federal officials uphold the law they swear to uphold,” he said.
Corina Scott, an attorney with the ACLU-NC, stated that federal agents have ignored the law and "trampled" on the civil rights in North Carolina.
“This lawsuit seeks to stop this abuse of power and demand accountability in the future so that our communities do not continue to suffer violent and illegal arrests,” Scott said.
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