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 …

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)

Attorney for Defendant

McLean, Caroline B. (North Carolina)

Ray, Amy E. (North Carolina)

Judge(s)

Cogburn, Max Oliver (North Carolina)

Attorney for Plaintiff

Benz, Frederick Evan (North Carolina)

Melo, Daniel (North Carolina)

Attorney for Defendant

McLean, Caroline B. (North Carolina)

Ray, Amy E. (North Carolina)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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Docket

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

Last updated Oct. 21, 2026, 4:24 p.m.

Docket for: Carolina Migrant Network v. Immigration Customs Enforcement

ECF Number	Date	Description	Link
1	Jan. 14, 2026	COMPLAINT against Immigration Customs Enforcement ( Filing fee $ 405 receipt number ANCWDC-7287727), filed by Carolina Migrant Network, Amica Center for Immigrant Rights. (Attachments: # 1 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) Modified docket text on 1/14/2026 (tlj). (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	Clearinghouse
2	Jan. 14, 2026	NOTICE of Appearance by Daniel Melo on behalf of Amica Center for Immigrant Rights, Carolina Migrant Network (Melo, Daniel) (Entered: 01/14/2026)	RECAP
3	Jan. 14, 2026	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) (Entered: 01/14/2026) 1 Summons View on RECAP 2 Summons View on RECAP	RECAP
	Jan. 14, 2026	Case Assigned/Reassigned
	Jan. 14, 2026	Standing Order Regarding Use of Artificial Intelligence
	Jan. 14, 2026	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	Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (tlj)
4	Jan. 15, 2026	Corporate Disclosure Statement by Amica Center for Immigrant Rights, Carolina Migrant Network. (Melo, Daniel) (Entered: 01/15/2026)	Clearinghouse
5	Jan. 21, 2026	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	RECAP
6	Jan. 22, 2026	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)	RECAP
	Jan. 26, 2026	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	Oral or Text-Only Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions
	Jan. 26, 2026	Oral or Text-Only Order
	Feb. 3, 2026	Set/Reset Deadlines: Immigration Customs Enforcement answer due 2/17/2026. (ams)
	Feb. 3, 2026	Set/Reset Deadlines
7	Feb. 11, 2026	MOTION for Extension of Time to Answer re: 1 Complaint, by Immigration Customs Enforcement. (McLean, Caroline). Motions referred to W. Carleton Metcalf. (Entered: 02/11/2026)	RECAP
	Feb. 11, 2026	Order on Motion for Extension of Time
	Feb. 11, 2026	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)
8	Feb. 25, 2026	Notice of Substitution of Counsel by Amy E. Ray on behalf of Immigration Customs Enforcement, Attorney Caroline B. McLean terminated. (Ray, Amy) (Entered: 02/25/2026)	RECAP
9	March 16, 2026	MOTION to Stay by Immigration Customs Enforcement. Responses due by 3/30/2026 (Ray, Amy). Motions referred to W. Carleton Metcalf. (Entered: 03/16/2026)	RECAP
10	March 16, 2026	RESPONSE in Opposition re 9 MOTION to Stay by Amica Center for Immigrant Rights, Carolina Migrant Network. Replies due by 3/23/2026 (Attachments: # 1 Exhibit A)(Melo, Daniel) (Entered: 03/16/2026) 1 Exhibit A View on RECAP	RECAP
11	March 17, 2026	REPLY to Response to Motion re 9 MOTION to Stay by Immigration Customs Enforcement. (Attachments: # 1 Exhibit 1)(Ray, Amy) (Entered: 03/17/2026) 1 Exhibit 1 View on RECAP	RECAP
12	March 25, 2026	Supplemental Memorandum by Amica Center for Immigrant Rights, Carolina Migrant Network as to 9 MOTION to Stay by Amica Center for Immigrant Rights, Carolina Migrant Network. (Attachments: # 1 Exhibit A)(Melo, Daniel) (Entered: 03/25/2026) 1 Exhibit A View on RECAP	RECAP
13	March 26, 2026	NOTICE of Supplemental Authority by Immigration Customs Enforcement re 9 MOTION to Stay (Attachments: # 1 Exhibit 1)(Ray, Amy) (Entered: 03/26/2026) 1 Exhibit 1 View on RECAP	RECAP
	March 31, 2026	TEXT-ONLY ORDER: The United States' 9 Motion for Stay and/or for Continuance Due to Lapse in Appropriations is GRANTED IN PART, and the deadline for Defendant to respond to Plaintiffs Complaint is EXTENDED to and including April 22, 2026. Entered by US Magistrate Judge W. Carleton Metcalf on 3/31/2026. (slm)
	March 31, 2026	Order on Motion to Stay
	March 31, 2026	Reset Deadlines: Immigration Customs Enforcement answer due 4/22/2026. (slm)
	March 31, 2026	Set/Reset Deadlines
14	April 22, 2026	ANSWER to 1 Complaint, by Immigration Customs Enforcement.(Ray, Amy) (Entered: 04/22/2026)	RECAP
	April 23, 2026	NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 5/14/2026. (ams)
	April 23, 2026	Notice to Conduct Initial Attorneys Conference
15	May 14, 2026	CERTIFICATION of initial attorney conference and discovery plan (Ray, Amy)	RECAP
16	May 18, 2026	Pretrial Order and Case Management Plan: Motions due by 7/14/2026. Signed by US Magistrate Judge W. Carleton Metcalf on 5/18/2026. (ps)	RECAP
17	July 8, 2026	MOTION for Extension of Time of Scheduling Order Deadlines by Immigration Customs Enforcement. Responses due by 7/22/2026 (Ray, Amy). Motions referred to W. Carleton Metcalf.	RECAP
18	July 9, 2026	ORDER that the [17] Motion to Extend Dispositive Motions Deadlines is GRANTED and the deadlines are EXTENDED as further described herein. Motions due by 8/13/2026. All other provisions of the [16] Pretrial Order and Case Management Plan remain in effect. Signed by US Magistrate Judge W. Carleton Metcalf on 7/9/2026. (ps)	RECAP
	Aug. 6, 2026	Case reassigned to US Magistrate Judge Mark Talinao Odulio. US Magistrate Judge W. Carleton Metcalf no longer assigned to the case. This is your only notice - you will not receive a separate document. (slm)
	Aug. 6, 2026	Case Assigned/Reassigned
19	Aug. 13, 2026	MOTION for Summary Judgment by Immigration Customs Enforcement. Responses due by 8/27/2026 (Ray, Amy)	RECAP
20	Aug. 13, 2026	MEMORANDUM in Support re [19] MOTION for Summary Judgment by Immigration Customs Enforcement. (Attachments: (1) Exhibit 1 (Clark Declaration), (2) Exhibit 2, (3) Exhibit 3)(Ray, Amy) 1 Exhibit 1 (Clark Declaration) View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP	RECAP
21	Sept. 3, 2026	MEMORANDUM in Opposition re [19] MOTION for Summary Judgment and Cross-Motion for Summary Judgment by Amica Center for Immigrant Rights, Carolina Migrant Network. Replies due by 9/10/2026 (Attachments: (1) Memorandum, (2) Exhibit 1, (3) Exhibit 2, (4) Exhibit 3)(Melo, Daniel) 1 Memorandum View on RECAP 2 Exhibit 1 View on RECAP 3 Exhibit 2 View on RECAP 4 Exhibit 3 View on RECAP	RECAP
	Sept. 3, 2026	Set/Reset Deadlines as to 21 Plaintiff's Consolidated Response and Cross-Motion for Summary Judgment. Defendant's Consolidated Reply due by 9/24/2026. (ams)
	Sept. 3, 2026	Set Motion and M&R Deadlines/Hearings
22	Sept. 23, 2026	MOTION for Extension of Time of Briefing Deadlines by Immigration Customs Enforcement. Responses due by 10/7/2026 (Ray, Amy). Motions referred to Mark Talinao Odulio.	RECAP
	Sept. 25, 2026	TEXT-ONLY ORDER granting 22 Unopposed Motion for Extension of Time to File Response/Reply re 21 Plaintiffs' MOTION for Summary Judgment, 19 Defendant's MOTION for Summary Judgment. Defendant's Response/Reply due by 10/5/2026. Plaintiffs' Reply due by 10/13/2026. Text of Order: Defendant shall file a Response to Plaintiffs' Motion for Summary Judgment and a Reply in support of its Motion for Summary Judgment on or before 10/5/2026. Plaintiffs' Reply in support of their Motion for Summary Judgment is due on or before 10/13/2026. So Ordered. Entered by US Magistrate Judge Mark Talinao Odulio on 9/25/2026. (DEM)
	Sept. 25, 2026	Order on Motion for Extension of Time
23	Oct. 5, 2026	REPLY to Response to Motion re [19] MOTION for Summary Judgment by Immigration Customs Enforcement. (Ray, Amy)	RECAP
24	Oct. 13, 2026	REPLY to Response to Motion re [21] MOTION for Summary Judgment by Amica Center for Immigrant Rights, Carolina Migrant Network. (Attachments: (1) Exhibit 1, (2) Exhibit 2, (3) Exhibit 3)(Melo, Daniel) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP	RECAP
	Oct. 15, 2026	NOTICE of Hearing on Motion re: 21 MOTION for Summary Judgment, 19 MOTION for Summary Judgment: Motion Hearing set for 11/18/2026 11:00 AM in Courtroom 5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)
	Oct. 15, 2026	Notice of Hearing on Motion

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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:

Relief Granted:

Source of Relief:

None yet

Issues

Immigration/Border:

Detention - criteria

Recommended Citation

Case Summary of Carolina Migrant Network v. Immigration Customs Enforcement, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47715/ (last updated 2/4/2023).