Immigration officer detained Cheektowaga woman with pending asylum claim for 26 days after warrantless arrest
On January 24, 2026, a federal immigration officer detained R.C.R., a 55-year-old Cheektowaga resident, without a judicial warrant while she was in a Walmart parking lot with her husband. R.C.R. had a pending asylum application and employment authorization at the time; she was held for 26 days and released on bond on February 19, 2026.
Actors
On January 24, 2026, a federal immigration officer detained R.C.R., a 55-year-old resident of Cheektowaga, New York, without a judicial warrant while she was in a Walmart parking lot with her husband, F.R.P. According to a class-action complaint later filed by the New York Civil Liberties Union and The Legal Aid Society, R.C.R. had a pending asylum application and employment authorization at the time of her arrest. She was taken into immigration custody and held for 26 days, before being released on bond on February 19, 2026.
The warrantless arrest was among a series of immigration enforcement actions documented in NYCLU v. DHS et al., filed in the U.S. District Court for the Eastern District of New York on April 8, 2026, by the NYCLU, The Legal Aid Society, Make the Road New York, and Covington & Burling LLP. The lawsuit names R.C.R. as a plaintiff and alleges that U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection engaged in a pattern of unlawful stops, warrantless arrests, and racial profiling of New Yorkers based on race, ethnicity, and national origin, in violation of the Fourth and Fifth Amendments to the U.S. Constitution.
Updates
2026-04-08 — Class action filed in E.D.N.Y. naming R.C.R. as plaintiff over warrantless arrest [1][2][3]
NYCLU, The Legal Aid Society, Make the Road New York, and Covington & Burling LLP filed NYCLU v. DHS et al. (E.D.N.Y.) on April 8, 2026. The complaint names R.C.R. as a plaintiff and alleges that federal immigration agents conducted a pattern of unlawful stops, warrantless arrests, and racial profiling of New Yorkers in violation of the Fourth and Fifth Amendments.
Why we recorded this
The Fourth Amendment prohibits warrantless arrests, and due process bars detention of asylum seekers with pending lawful cases without judicial authorization. A federal immigration officer detained R.C.R. in a public parking lot based on appearance, without a warrant, despite her having a pending asylum application and employment authorization. Detaining an asylum seeker with active legal status in the U.S. immigration system without a judicial warrant undermines both constitutional and statutory protections for people who have entered the legal immigration process.
Sources
- Legal Aid, NYCLU, Make the Road NY, and Covington & Burling LLP File Class Action Lawsuit Against DHS for Unlawful Stops, Warrantless Immigration Arrests, and Racial Profiling of New Yorkers — New York Civil Liberties Union primary accessed July 23, 2026
- Press Release: Legal Aid, NYCLU, Make the Road NY File Class Action Against DHS for Unlawful Warrantless Immigration Arrests and Racial Profiling — The Legal Aid Society primary accessed July 23, 2026
- NYCLU v. ICE, CBP: Class Action Against DHS for Unlawful Immigration Arrests and Racial Profiling — New York Civil Liberties Union primary accessed July 23, 2026
See also
- Federal judge found ICE, Border Patrol made warrantless, race-based stops of Somali, Latino Minnesotans
- ICE agents stopped and arrested Hesler Asaf Garcia Lanza while he was walking to the LIRR in Hempstead, New York
- ICE agents detained Hempstead man with valid immigration status for 2 days after warrantless arrest near LIRR
- ICE agents stopped and arrested Darwin Garcia Medrano and his 16-year-old brother at a gas station in Brentwood, New York
- ICE agents stopped and arrested F.R.P. in a Walmart parking lot in Cheektowaga, New York; his wife was arrested in the same incident
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