Legal Aid Society Sues DHS, ICE Over Racial Profiling, Unlawful Arrests

Lawsuit alleges federal agencies are unlawfully detaining Latino New Yorkers based on appearance and language

Apr. 9, 2026 at 8:51pm

Got story updates? Submit your updates here. ›

A photorealistic oil painting depicting a lone ICE agent standing in the doorway of a government building, the warm sunlight casting deep shadows across the scene and creating a sense of quiet unease and isolation.A somber scene of federal immigration enforcement casts a long shadow over New York's diverse communities.NYC Today

The Legal Aid Society and civil rights advocates have filed a class action lawsuit against the Department of Homeland Security, ICE, and other federal agencies, alleging a policy of unlawful stops and detentions based on racial profiling. The plaintiffs, eight Latino New Yorkers, say they were arrested or detained simply for looking Latino or speaking Spanish, with no evidence of immigration law violations.

Why it matters

The lawsuit claims these tactics are part of a deliberate government effort to create a 'climate of fear' and encourage 'self-deportation' among immigrant communities. Civil rights groups say the practices threaten the rights of all New Yorkers, disrupting the lives of Black and Brown families who now fear routine activities like going to church or the grocery store.

The details

The lawsuit alleges that in May 2025, White House official Stephen Miller instructed DHS to 'just go out there and arrest [unauthorized noncitizens]' by rounding up people in public spaces like Home Depot and 7-Eleven stores. The plaintiffs say ICE and CBP have used 'reasonable suspicion' to make arrests without probable cause, with agents citing things like speaking Spanish as justification.

  • In May 2025, White House official Stephen Miller gave instructions to DHS officials.
  • The class action lawsuit was filed on Wednesday, April 9, 2026.

The players

Legal Aid Society

A non-profit organization that provides legal services to low-income New Yorkers, including immigrants.

Department of Homeland Security (DHS)

The federal agency responsible for immigration enforcement, including Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

Stephen Miller

A former White House Deputy Chief of Staff who allegedly instructed DHS to conduct widespread arrests of undocumented immigrants.

Hasan Shafiqullah

Immigration Supervising Attorney at the Legal Aid Society, who says the alleged tactics are part of a deliberate government effort to create fear.

Amy Belsher

Director of immigrants' rights litigation at the New York Civil Liberties Union, which is representing the plaintiffs.

Got photos? Submit your photos here. ›

What they’re saying

“I think this is deliberate. It creates a climate of fear and I think that's something that the government is purposely doing. They want, and Stephen Miller has been very clear about this, that he wants to create an environment where people will self-deport because they're so afraid to be here.”

— Hasan Shafiqullah, Immigration Supervising Attorney, Legal Aid Society

“For over a year, immigration agents have treated our state like a constitution-free zone, unlawfully profiling and detaining Black and Brown New Yorkers in service of Trump's deportation agenda. New Yorkers going about their lives—heading to work, taking their kids to school, or grocery shopping—must now fear being suddenly snatched by masked agents and arrested without probable cause. These practices are discriminatory, unconstitutional, and an affront to the rights of all New Yorkers.”

— Amy Belsher, Director of immigrants' rights litigation, New York Civil Liberties Union

What’s next

The lawsuit will proceed through the court system, with the plaintiffs seeking to have the alleged practices by DHS and ICE declared unconstitutional.

The takeaway

This case highlights the ongoing tensions over immigration enforcement and the impact on Latino and immigrant communities in New York, raising concerns about racial profiling, civil liberties, and the government's role in creating an atmosphere of fear.