Case: Carolina Migrant Network v. Immigration Customs Enforcement

3:26-cv-00028 | U.S. District Court for the Western District of North Carolina

Filed Date: Jan. 14, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit seeking information about an alleged new policy memo, issued by U.S. Immigration and Customs Enforcement (ICE) on June 9, 2025, drastically expanding the use of ankle monitors on people enrolled in the agency's Alternatives to Detention program.  On January 14, 2026, two nonprofit organizations, Carolina Migrant Network and Amica Center for Immigratnt Rights, that provide legal services for people in removal proceedings and ICE custody, respectively, brought this suit against …

This is a lawsuit seeking information about an alleged new policy memo, issued by U.S. Immigration and Customs Enforcement (ICE) on June 9, 2025, drastically expanding the use of ankle monitors on people enrolled in the agency's Alternatives to Detention program. 

On January 14, 2026, two nonprofit organizations, Carolina Migrant Network and Amica Center for Immigratnt Rights, that provide legal services for people in removal proceedings and ICE custody, respectively, brought this suit against ICE in the U.S. District Court for the Western District of North Carolina.  They cited newspaper reports that ICE had issued a policy memo on June 9, 2025, ordering staff to place ankle monitors on all people enrolled in the Alternatives to Detention program, "whenever possible," with the exception of pregnant women for whom wrist-worn tracking devices would be used instead, and, generally, increasing reporting requirements.  On October 28, 2025, the plaintiffs had submitted a Freedom of Information Act (FOIA) request to ICE seeking records related to the June 9, 2025 memorandum or guidance regarding the Alternatives to Detention program and use of ankle or wrist monitors, as well as records regarding implementation, procedures, and guidance related to the memorandum.  On November 21, 2025, ICE informed the plaintiffs that it was denying their accompanying requests for expedited processing and a fee waiver, but as of the time of filing had not provided records responsive to the FOIA request. The lawsuit claimed that ICE had failed to make a determination or respond to the FOIA request within the statutory deadline, constructively denying the request, failed to conduct an adequate search, and wrongfully withheld non-exempt agency records, all in violation of FOIA. Plaintiffs further asserted that ICE had improperly failed to publish its current guidance on Alternatives to Detention, including the June 9 memorandum, in the Federal Register in violation of FOIA and therefore could not apply that guidance to the public.  Finally, plaintiffs challenged under FOIA the denial of their request for expedited processing and a fee waiver.  They sought: declaratory relief; an injunction requiring ICE to begin searching for records responsive to the plaintiffs' request, to do so expeditiously, to grant the requested fee waiver, to prepare an index for any documents it sought to withhold as exempt, to stop withhold non-exempt records, and to publish its current guidance, policies, memoranda and instructions; retention of jurisdiction to ensure that no agency documents were improperly withheld; fees and costs.  The case was assigned to Judge Max O. Cogburn Jr. 

The lawsuit is ongoing. 

 

 

 

 

 

Summary Authors

Clearinghouse (2/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72141457/parties/carolina-migrant-network-v-immigration-customs-enforcement/


Judge(s)

Cogburn, Max Oliver (North Carolina)

Attorney for Plaintiff

Benz, Frederick Evan (North Carolina)

Melo, Daniel (North Carolina)

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Documents in the Clearinghouse

Document
1

3:26-cv-00028

Complaint for Injunctive and Declaratory Relief

Carolina Migrant Network et al. v. U.S. Immigration Customs Enforcement

Jan. 14, 2026

Jan. 14, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72141457/carolina-migrant-network-v-immigration-customs-enforcement/

Last updated March 15, 2026, 4:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Immigration Customs Enforcement ( Filing fee $ 405 receipt number ANCWDC-7287727), filed by Carolina Migrant Network, Amica Center for Immigrant Rights. (Attachments: # 1 Cover Sheet Civil Cover Sheet, # 2 Exhibit FOIA Request, # 3 Exhibit FOIA Receipt, # 4 Exhibit Receipt of FOIA appeal, # 5 Exhibit Denial of FOIA appeal)(Benz, Frederick) (Entered: 01/14/2026)

1 Cover Sheet Civil Cover Sheet

View on PACER

2 Exhibit FOIA Request

View on PACER

3 Exhibit FOIA Receipt

View on PACER

4 Exhibit Receipt of FOIA appeal

View on PACER

5 Exhibit Denial of FOIA appeal

View on PACER

Jan. 14, 2026

Jan. 14, 2026

Clearinghouse
2

NOTICE of Appearance by Daniel Melo on behalf of Amica Center for Immigrant Rights, Carolina Migrant Network (Melo, Daniel)

Jan. 14, 2026

Jan. 14, 2026

RECAP
3

Summons Issued Electronically as to Immigration Customs Enforcement, US Attorney and US Attorney General. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (Attachments: (1) Summons, (2) Summons)(tlj)

1 Summons

View on RECAP

2 Summons

View on RECAP

Jan. 14, 2026

Jan. 14, 2026

RECAP

Case assigned to District Judge Max O. Cogburn, Jr. and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(tlj)

Jan. 14, 2026

Jan. 14, 2026

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (tlj)

Jan. 14, 2026

Jan. 14, 2026

Case Assigned/Reassigned

Jan. 14, 2026

Jan. 14, 2026

Standing Order Regarding Use of Artificial Intelligence

Jan. 14, 2026

Jan. 14, 2026

4

Corporate Disclosure Statement by Amica Center for Immigrant Rights, Carolina Migrant Network. (Melo, Daniel)

Jan. 15, 2026

Jan. 15, 2026

Clearinghouse
5

AFFIDAVIT of Service filed by Carolina Migrant Network, Amica Center for Immigrant Rights. Immigration Customs Enforcement served on 1/20/2026, answer due 2/10/2026. (Attachments: # 1 Exhibit Ex. A - Return Receipts)(Benz, Frederick) (Entered: 01/21/2026)

1 Exhibit Ex. A - Return Receipts

View on RECAP

Jan. 21, 2026

Jan. 21, 2026

RECAP
6

Motion to Amend Answer Due Date by Amica Center for Immigrant Rights, Carolina Migrant Network re 5 Affidavit of Service (Melo, Daniel) Modified docket text and event type on 1/23/2026 (slm). (Entered: 01/22/2026)

Jan. 22, 2026

Jan. 22, 2026

RECAP

TEXT-ONLY ORDER: Plaintiff's Motion to Correct Date of Service and Due Date of Answer to the Complaint is GRANTED IN PART, and the record is CLARIFIED that the deadline for Defendant to file an answer or otherwise respond to Plaintiff's Complaint is SET for thirty (30) days from the date of service pursuant to 5 U.S.C. § 552. Entered by US Magistrate Judge W. Carleton Metcalf on 1/26/2026. (slm)

Jan. 26, 2026

Jan. 26, 2026

Oral or Text-Only Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

Jan. 26, 2026

Jan. 26, 2026

Set/Reset Deadlines: Immigration Customs Enforcement answer due 2/17/2026. (ams)

Feb. 3, 2026

Feb. 3, 2026

Set/Reset Deadlines

Feb. 3, 2026

Feb. 3, 2026

7

MOTION for Extension of Time to Answer re: [1] Complaint, by Immigration Customs Enforcement. (McLean, Caroline). Motions referred to W. Carleton Metcalf.

Feb. 11, 2026

Feb. 11, 2026

RECAP

TEXT-ONLY ORDER: The 7 Motion for Extension of Time for Defendant to Answer Plaintiffs' Complaint is GRANTED, and the deadline for Immigration Customs Enforcement to file an answer or otherwise respond to Plaintiffs' complaint is EXTENDED through and including March 23, 2026. Entered by US Magistrate Judge W. Carleton Metcalf on 2/11/2026. (slm)

Feb. 11, 2026

Feb. 11, 2026

Order on Motion for Extension of Time

Feb. 11, 2026

Feb. 11, 2026

8

Notice of Substitution of Counsel by Amy E. Ray on behalf of Immigration Customs Enforcement, Attorney Caroline B. McLean terminated. (Ray, Amy)

Feb. 25, 2026

Feb. 25, 2026

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Key Dates

Filing Date: Jan. 14, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

two non-profit legal services organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Other Dockets:

Western District of North Carolina 3:26-cv-00028

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Detention - criteria

Recommended Citation