Lawsuit claims Philadelphia ICE Field Office has ‘unlawfully’ re-detained people at immigration check-ins

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A class-action lawsuit filed Wednesday against U.S. Immigration and Customs Enforcement seeks to stop federal immigration agents from re-detaining people at immigration check-ins.

Attorneys from the American Civil Liberties Union of Pennsylvania and several other firms argue that the Philadelphia ICE Field Office has “unlawfully” rescinded the agency’s longstanding changed circumstances policy. That rule prevented officers from re-arresting and re-detaining someone who had previously been released from ICE custody, barring any changes indicating the individual was either a danger to society or a flight risk.

Plaintiffs include Philadelphia resident Ousmane Soumare, who was re-detained by ICE in November 2025 at a routine check-in and later released. Two other plaintiffs in the case, Lassana Diafinaba and a person identified by the initials M.P.B., said they fear being re-detained at upcoming ICE check-ins while their asylum cases are pending.

Filed in the Eastern District of Pennsylvania, the lawsuit asks the court to declare rescission of the Changed Circumstances Policy as “arbitrary and capricious” and unconstitutional; award plaintiffs’ reasonable attorney’s fees and costs; and grant any other and further relief.

An ICE spokesperson said in a statement to WHYY News Wednesday that the agency does not comment on pending litigation.

Vanessa Stine, senior staff attorney at the ACLU of Pennsylvania, said in a statement that more than 200 people have been re-arrested at the Philadelphia ICE Field Office “despite no material change in their circumstances.”

“When the government releases a person from custody, there is an implicit promise that their liberty will be honored as long as they follow what is asked of them,” she said. “These re-arrests disregard a decades-old policy and sow fear and chaos. The federal government cannot arbitrarily re-detain people without explanation. To let this continue fails to consider principles embodied in the Fourth and Fifth Amendments of our Constitution and violates important protections for immigrants reflected in our laws.”

According to the lawsuit, the changed circumstances policy was rescinded by the Philadelphia ICE Field Office “sometime toward the middle of 2025.” It has led to “scores” of people being re-arrested or re-detained who are appearing for regular check-ins and following procedures to regularize their immigration statuses, the lawsuit claims.

That change came after President Donald Trump’s administration set a quota in May 2025, calling for federal immigration agents to average 3,000 arrests per day.

Immigrant rights’ advocates in Pennsylvania and throughout the country have reported an uptick in immigration arrests during routine check-ins.

The ACLU of Pennsylvania sued ICE and the Department of Homeland Security in April, seeking information about the agency’s use of administrative subpoenas to “unmask” Montgomery County residents who criticize and monitor federal immigration enforcement activities.