Immigration Litigation Update: March 2026

For national immigration-related litigation, see the Justice Action Center’s Litigation Tracker

NPR reported that U.S. immigration courts have been dramatically reshaped in just the first year of the second Trump administration. Now, Justice Department-employed “immigration judges” are siding with Department of Homeland Security-employed prosecutors 97% of the time. That’s not a court, that’s a rubber stamp for injustice and a clear example of why we need to have an independent immigration court.

With the immigration courts not functioning fairly or well, immigrants and lawyers are taking cases to federal court and the circuit courts of appeals in hopes of finally obtaining justice. Here's what you need to know about the latest court challenges and policy shifts affecting immigrants across the state.

This update covers: 

• Class Action Lawsuit Challenges Warrantless Arrests

• ICE Halts Asylum Pretermit Motions

• Sixth Circuit Weighs Detention Authority

• Supreme Court to Hear TPS and Birthright Citizenship Cases

• Habeas Petitions and Other Recent Filings in Federal Court, Northern District

• Butler County Jail Litigation Continues

Class Action Lawsuit Challenges Warrantless Arrests

In a landmark filing on 03/18/2026, attorneys filed a class action lawsuit in the Southern District of Ohio (Aguilar Peralta, et al. v. DHS, et al., Case No. 2:26-cv-337-SDM-CMV) challenging federal immigration enforcement practices. The complaint alleges that "plain clothed, masked, and armed federal agents have been patrolling the streets of Ohio, wantonly stopping and detaining individuals without warrants and without probable cause."

The lawsuit specifically targets DHS and its subagencies — ICE, Border Patrol, and CBP — for failing to conduct individualized assessments of escape risk before arresting and detaining immigrants, as required by federal regulations. The legal team, comprising 14 attorneys from Marshall, Forman and Schlein, ACLU Foundation of Ohio, Advocates for Basic Legal Equality, The Gittes Law Group, and CRIS, is invoking the Accardi doctrine, which holds that agencies must follow their own regulations even when those rules exceed legal minimums.

ICE Halts Asylum Pretermit Motions

In a notable shift, ICE stopped filing Motions to Pretermit asylum claims in Immigration Court on 03/13/2026. This change came after Asylum Cooperative Agreement signatory countries stopped accepting additional removals from the United States.

Sixth Circuit Weighs Detention Authority

On 03/18/2026, the Sixth Circuit Court of Appeals heard arguments on four consolidated cases brought by attorney My Khanh Ngo, addressing a critical question: whether certain detained immigrants fall under mandatory detention provisions or have the right to bond hearings. The cases (Nos. 25-1965, 25-1969, 25-1978, and 25-1982) involve the distinction between Section 1225 mandatory detention and Section 1226 discretionary detention with bond hearing rights.

This issue has become increasingly urgent following a Fifth Circuit ruling that immigrants who entered without inspection (EWI) are considered "arriving aliens" subject to mandatory detention without bond hearings.

The consolidated cases are:

For links to these cases, click here.

Supreme Court to Hear TPS and Birthright Citizenship Cases

Immigration advocates are closely watching two major Supreme Court cases scheduled for April 2026. The Court will hear arguments in Trump v. Miot during the second week of April, addressing the termination of Temporary Protected Status for Haitian nationals. Advocates for Basic Legal Equality (ABLE) filed an amicus brief on 03/16/2026 for Springfield Neighbors United, opposing the government's position, as did former Ohio Attorneys General Petro, Dann, Rogers, and Cordray. 

Additionally, SCOTUS has scheduled arguments on birthright citizenship for 04/01/2026, a case that could have profound implications for immigration law and constitutional interpretation.

Habeas Petitions and Other Recent Filings in Federal Court, Northern District

Several habeas corpus petitions in Northern District of Ohio courts have resulted in releases or bond hearings for detained immigrants. Immigrants are increasingly having to go to the federal courts to obtain release, since the Justice Department has put a serious lockdown on immigration judges’ issuance of immigration bonds, and ICE is not using its discretion to release people. Notable wins include:

• M.A. v. Molina (1:26-cv-415): A minor in ICE detention was granted habeas and released on 03/17/2026

• Ruiz-Zara v. DHS (1:26-cv-499): Judge Gaughan granted habeas on 03/09/2026, ordering ICE to either provide bond hearing protections or release the petitioner

A sampling of other recent cases filed in the Northern District are:

• Blas Lozano v. U.S. AG, et al., 1:26-cv-9, ICE case alleging lack of medical care at NEOCC, dismissed w/o prejudice, court required ICE response to medical neglect allegations, brought by Next Friend.

• Kourouma v. DHS, et al., 1:26-cv-587, ICE detainee held at Geauga County Jail repped by George Katchmer, filed 3/11/2026, response ordered by 3/23/2026. 

• Thiam v. DHS, et al., 1:26-cv-610, ICE detainee held at Geauga County Jail repped by George Katchmer, filed 3/16/2026, response ordered by 3/20/2026. Thiam detained since at least July 2025. 

• Melendez Mejia v. Noem, et al., 3:25-cv-2404, female ICE detainee at CCNO repped by Jen Peyton and filed 11/6/2025 and voluntarily dismissed on 12/8/2025. 

• Echavarria Morales v. DHS, 3:25-cv-2691, ICE detainee at CCNO repped by Jen Peyton and filed 12/11/2025. Habeas conditionally granted on 1/14/2026, DHS ordered to hold bond hearing within 10 business days or release. Bond hearing held 1/20 but can't access PACER docs. Case dismissed.

• Mejicanos Cuyun v. Adducci, et al., 3:25-cv-2785, filed 12/23/2025, female ICE detainee at CCNO. (Kevin Raycraft is FOD at Detroit ICE now.) Mejicanos EWIed and lived in U.S. 21 years before detention. Cleveland Immigration Court said there was no jurisdiction for bond hearing. The magistrate recommended granting habeas and discussed 1225/1226 (mandatory detention/discretionary detention with bond hearing right). Gov't filed objections; no ruling by federal district judge.

These cases reflect growing judicial scrutiny of ICE detention practices, particularly regarding the agency's classification of long-term U.S. residents as subject to prolonged detention.

Butler County Jail Litigation Continues

Multiple lawsuits alleging excessive force and medical neglect at Butler County Jail remain active. The cases Bayong Brown Bayong and Ahmed Adem v. County of Butler (1:20-cv-989) and Benty v. County of Butler (1:21-cv-364) detail allegations of beatings, religious discrimination, and racial slurs against detainees. Additional litigation is being considered for medical neglect and assault.

As all of these cases move forward, immigrants and their advocates, attorneys, and community organizations continue monitoring developments and providing legal support to impacted individuals. The coming weeks will be critical, with major Supreme Court arguments scheduled and several district court decisions pending on detention authority and enforcement practices.

If you need help, have a question, or want to report an immigration-related abuse, contact the Ohio Immigrant Hotline at hotline@ohioimmigrant.org or 419-777-HELP (4357).