Case: Arias v. U.S. Immigration and Customs Enforcement

1:26-cv-02130 | U.S. District Court for the Southern District of New York

Filed Date: March 17, 2026

Case Ongoing

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Case Summary

This case challenges the government’s alleged policy and practice of restricting public access to open immigration proceedings. On March 17, 2026, a group of New York City residents brought a putative class action against the U.S. Immigration and Customs Enforcement (ICE), the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the General Services Administration (GSA) in the U.S. District Court for the Southern District of New York. Plaintiffs attend immigrat…

This case challenges the government’s alleged policy and practice of restricting public access to open immigration proceedings.

On March 17, 2026, a group of New York City residents brought a putative class action against the U.S. Immigration and Customs Enforcement (ICE), the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the General Services Administration (GSA) in the U.S. District Court for the Southern District of New York. Plaintiffs attend immigration court proceedings in their roles as clergy members, legal observers, social service providers, community volunteers, and journalists. They alleged that defendants had applied an array of policies and procedures intended to discourage, restrict, and block public access to immigration court proceedings and subjected plaintiffs to severe harassment and threats of physical danger. Represented by public counsel, this action was brought under the First Amendment and Administrative Procedure Act (APA). The plaintiffs sought declaratory relief, as well as preliminary and permanent injunctions enjoining the defendants from enforcing policies and practices restricting public access to immigration court proceedings. The case was assigned to District Judge Colleen McMahon and Magistrate Judge Stewart D. Aaron.

On April 26, 2026, the plaintiffs moved for a preliminary injunction enjoining the defendants from enforcing policies and practices that: (1) restrict public access to immigration court proceedings and nearby public spaces, (2) prevent or restrict protected speech and association, and (3) retaliate against individuals engaging in these activities. The plaintiffs sought open access to public courthouse spaces, including the ability to observe and participate in proceedings there, as well as communication in those areas without intimidation or exclusion. The plaintiffs also wanted the defendants to implement clear, written policies regarding access consistent with constitutional and statutory requirements.
On that same day, the plaintiffs moved to certify a class, described as “all persons engaged in protected activity within immigration court facilities and functionally integrated common areas and exterior spaces subject to Defendants’ enforcement practices in New York City.”

On April 29, 2026, the plaintiffs filed an amended complaint. The amended complaint expanded the First Amendment allegations — including viewpoint discrimination, unlawful restraint on speech, and retaliation – and added more detailed factual allegations for specifically named plaintiffs.

The defendants moved to dismiss on May 12, 2026. The defendants first argued that the plaintiffs lacked standing to bring the case because the complaint did not establish a real and immediate threat that they would suffer a future injury – the complaint only alleged past and episodic incidents. The defendants further contended that the plaintiffs were not likely to succeed on the merits of their claims because the personnel at the identified courthouses acted pursuant to a lawful administration function and did not violate the First Amendment. They also maintained that the APA did not apply in this case because the courthouses’ operations rest on day-to-day agency decisions, rather than a final agency rule required to bring such a claim. Lastly, the defendants argued that ICE and DHS did not control building operations of these courtrooms, and thus an action could not be brought against them for the violations the plaintiffs alleged.

On June 22, 2026, the court granted in part and denied in part the defendants’ motion to dismiss. It dismissed without prejudice the claims brought against ICE for lack of standing claims concerning unidentified exterior spaces around the two specified courts for pleading deficiencies, while granting the plaintiffs leave to file a second amended complaint to cure these deficiencies. The court denied the motion as to the plaintiffs’ First Amendment access, speech, association, and retaliation claims against the remaining defendants. It held that the First Amendment protects public access to ordinary, non-closed immigration hearings under the Supreme Court’s experience-and-logic test, citing the long-standing tradition of open proceedings and the public interest in transparent government. The court also found that the plaintiffs plausibly alleged violations of their speech and association rights based on restrictions on accompanying individuals, counseling, and distributing information, as well as plausible retaliation claims arising from the alleged targeting of observers, journalists, and clergy. 2026 WL 1785997.

In the same order, the court granted in part and denied in part the plaintiffs’ motion for a preliminary injunction. It enjoined DHS, FPS, or GSA’s from excluding observers from ordinary and non-closed immigration proceedings, restricting building and entry access, , or imposing categorical or unreasonable restrictions on quiet and consensual communication and accompaniment in public waiting areas. The court denied relief against ICE because the record failed to establish that ICE controls courtroom access. The court further found that the plaintiffs had standing because they sought relief only as to two identified immigration courts and had established injury. The court concluded that the plaintiffs were likely to succeed on their First Amendment claims because they (1) demonstrated that the courtrooms and other areas had been made inaccessible, (2) would face irreparable harm without relief because loss of access could not be remedied after the fact, and (3) showed that the public had an interest in transparent adjudicatory proceedings. The court directed the plaintiffs to file a proposed order based on this ruling.

Lastly, on this same day, the court denied the plaintiffs’ motion for class certification without prejudice, finding that the motion was premature and too broad. The court gave the plaintiffs leave to refile this motion once the record was more developed.

On July 21, 2026, after the plaintiffs filed their proposed order and the defendants responded, the court ordered the preliminary injunction to take effect. The preliminary injunction bound the DOJ, DHS, and GSA, together with these agencies’ personnel. It also bound any other person who received actual notice of the order and actively participated with any of the named agencies. USCIS was not directly enjoined, and ICE was only bound to the extent that it received actual notice and actively participated with a named agency. The preliminary injunction enjoined those bound by the order from: (1) applying a categorical rule or practice prohibiting observers or the public from attending covered hearings; (2) restricting physical access to courtrooms or routes to courtrooms; (3) removing individuals from a hearing based on their status as an observer, journalist, clergy member, attorney observer, psychologist, volunteer, accompanier, family member, or support person; (4) categorically prohibiting quiet and consensual communication in public waiting areas; and (5) preventing accompaniment with a willing respondent or other participant in an immigration proceeding. The preliminary injunction remains in effect until a final judgment is issued in this case or by a further order of the court.

On July 23, 2026, the plaintiffs filed a second amended complaint addressing the standing and pleading deficiencies described in the court’s June 2026 order, specifically describing ICE’s involvement in interfering with the plaintiffs’ activities and its operational control of the identified court houses.

As of July 28, 2026, this case remains ongoing.

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Summary Authors

Kara Wilczynski (7/29/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72497116/parties/arias-v-us-immigration-and-customs-enforcement/

Judge(s)

McMahon, Colleen (New York)

Attorney for Plaintiff

Kelly, Stephen (New York)

Attorney for Defendant

Barnea, Jean-David (New York)

Lewis, Kathleen M (New York)

Stein, Ilan (New York)

Judge(s)

McMahon, Colleen (New York)

Attorney for Plaintiff

Kelly, Stephen (New York)

Attorney for Defendant

Barnea, Jean-David (New York)

Lewis, Kathleen M (New York)

Stein, Ilan (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 1:26-cv-02130	Complaint	March 17, 2026	March 17, 2026 Complaint
40 1:26-cv-02130	Amended Complaint Arias et al. v. U.S. Immigration and Customs Enforcement et al.	April 29, 2026	April 29, 2026 Complaint
62 1:26-cv-02130	Opinion And Order Granting In Part And Denying In Part Defendants’ Motion To Dismiss And Plaintiffs’ Motion For Preliminary Injunction Arias et al. v. U.S. Immigration and Customs Enforcement et al.	June 22, 2026	June 22, 2026 Order/Opinion 2026 WL 1785997
87 1:26-cv-02130	Order Granting Preliminary Injunction	July 21, 2026	July 21, 2026 Order/Opinion 2026 WL 2100115
88 1:26-cv-02130	Second Amended Complaint Arias et al. v. U.S. Immigration and Customs Enforcement et al.	July 23, 2026	July 23, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72497116/arias-v-us-immigration-and-customs-enforcement/

Last updated July 28, 2026, 3:31 p.m.

ECF Number	Description	Date	Link Date / Link
1	FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 405.00, Receipt Number BNYSDC-32551720)Document filed by Laura McCallum, Zoey Phillips, Fabian Arias, Debora Nathan, Stephen Kelly. (Attachments: # 1 Civil Cover Sheet 26-2130 Cover, # 2 Errata Class Certification Motion).(Kelly, Stephen) Modified on 3/17/2026 (pc). (Entered: 03/16/2026) 1 Civil Cover Sheet 26-2130 Cover View on RECAP 2 Errata Class Certification Motion View on RECAP	March 16, 2026	March 16, 2026 RECAP
2	COMPLAINT against Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Document filed by Laura McCallum, Zoey Phillips, Fabian Arias, Debora Nathan, Stephen Kelly..(Kelly, Stephen) (Entered: 03/17/2026)	March 17, 2026	March 17, 2026 Clearinghouse
3	CIVIL COVER SHEET filed..(Kelly, Stephen) (Entered: 03/17/2026)	March 17, 2026	March 17, 2026
	Notice to Attorney Regarding Deficient Civil Cover Sheet	March 17, 2026	March 17, 2026
	Notice to Attorney Regarding Deficient Pleading	March 17, 2026	March 17, 2026
	Notice to Attorney Regarding Party Modification	March 17, 2026	March 17, 2026
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen Kelly. The party information for the following party/parties has been modified: Pamela Bondi, Edward Forst, Todd Lyons, Kristi Noem. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)	March 17, 2026	March 17, 2026
	Case Opening Initial Assignment Notice	March 17, 2026	March 17, 2026
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Kelly to RE-FILE Document No. 1 Complaint,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; caption title does not indicate the document being filed (Complaint). Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 3/23/2026. (pc)	March 17, 2026	March 17, 2026
	***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stephen Kelly to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc)	March 17, 2026	March 17, 2026
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)	March 17, 2026	March 17, 2026
	Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)	March 17, 2026	March 17, 2026
	Case Designated ECF. (pc)	March 17, 2026	March 17, 2026
4	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Lyons, Todd, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
5	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
6	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to General Services Administration, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
7	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Forst, Edward, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
8	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
9	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Bondi, Pamela, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
10	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
11	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Noem, Kristi, re: 2 Complaint. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. (Kelly, Stephen) Modified on 3/23/2026 (sj). (Entered: 03/20/2026)	March 20, 2026	March 20, 2026
	Notice to Attorney Regarding Deficient Request for Issuance of Summons	March 23, 2026	March 23, 2026
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen Kelly to RE-FILE Document No. 6 Request for Issuance of Summons, 7 Request for Issuance of Summons, 11 Request for Issuance of Summons, 5 Request for Issuance of Summons, 10 Request for Issuance of Summons, 8 Request for Issuance of Summons, 9 Request for Issuance of Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption error, caption must match exactly as pleading. If all names do not fit in the space provided, name the first listed Defendant on the pleading followed by 'et al'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)	March 23, 2026	March 23, 2026
12	ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/23/2026 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/24/2026) (ks) (Entered: 03/24/2026)	March 24, 2026	March 24, 2026
13	REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
14	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
15	REQUEST FOR ISSUANCE OF SUMMONS as to General Services Administration, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
16	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
17	REQUEST FOR ISSUANCE OF SUMMONS as to Pamela Bondi, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
18	REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
19	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
20	REQUEST FOR ISSUANCE OF SUMMONS as to Edward Forst, re: 2 Complaint,. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 03/25/2026)	March 25, 2026	March 25, 2026
21	ELECTRONIC SUMMONS ISSUED as to Todd Lyons..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
22	ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
23	ELECTRONIC SUMMONS ISSUED as to General Services Administration..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
24	ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
25	ELECTRONIC SUMMONS ISSUED as to Pamela Bondi..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
26	ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
27	ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
28	ELECTRONIC SUMMONS ISSUED as to Edward Forst..(pc) (Entered: 03/26/2026)	March 26, 2026	March 26, 2026
29	NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 04/23/2026)	April 23, 2026	April 23, 2026
30	NOTICE OF APPEARANCE by Kathleen M Lewis on behalf of Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Lewis, Kathleen) (Entered: 04/23/2026)	April 23, 2026	April 23, 2026
	Pretrial Conference - Initial	April 23, 2026	April 23, 2026
	Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 4/23/2026. Decision: Conference held.Submitted by: Arnold Zahn. (Court Reporter Steven Greenblum). (mde)	April 23, 2026	April 23, 2026
31	FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 2 Complaint, against Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.Document filed by Laura McCallum, Zoey Phillips, Fabian Arias, Debora Nathan, Stephen Kelly. Related document: 2 Complaint,..(Kelly, Stephen) Modified on 4/27/2026 (jgo). (Entered: 04/26/2026)	April 26, 2026	April 26, 2026
32	FIRST MOTION for Preliminary Injunction . Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 04/26/2026)	April 26, 2026	April 26, 2026 RECAP
33	FIRST MOTION to Certify Class . Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips. Responses due by 4/22/2026 Return Date set for 5/8/2026 at 11:59 PM..(Kelly, Stephen) (Entered: 04/26/2026)	April 26, 2026	April 26, 2026 RECAP
34	AFFIDAVIT of Fabin Arias in Opposition re: 32 FIRST MOTION for Preliminary Injunction .. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 04/27/2026)	April 27, 2026	April 27, 2026
35	AFFIDAVIT of Debbie Nathan in Support re: 32 FIRST MOTION for Preliminary Injunction .. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 04/27/2026)	April 27, 2026	April 27, 2026
36	AFFIDAVIT of Dr. Zoey Phillips in Support re: 32 FIRST MOTION for Preliminary Injunction .. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 04/27/2026)	April 27, 2026	April 27, 2026
37	AFFIDAVIT of Laura McCallum in Support re: 32 FIRST MOTION for Preliminary Injunction .. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 04/27/2026)	April 27, 2026	April 27, 2026
38	FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 31 Amended Complaint,, against Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.Document filed by Laura McCallum, Zoey Phillips, Fabian Arias, Debora Nathan, Stephen Kelly. Related document: 31 Amended Complaint,,..(Kelly, Stephen) Modified on 4/28/2026 (pc). (Entered: 04/27/2026)	April 27, 2026	April 27, 2026
	Notice to Attorney Regarding Deficient Pleading	April 27, 2026	April 27, 2026
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Kelly to RE-FILE re: Document No. 31 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Debbie Nathan; the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)	April 27, 2026	April 27, 2026
	Notice to Attorney Regarding Deficient Pleading	April 28, 2026	April 28, 2026
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Kelly to RE-FILE re: Document No. 38 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)	April 28, 2026	April 28, 2026
39	LETTER MOTION for Leave to File Excess Pages and to Set Briefing Schedule addressed to Judge Colleen McMahon from AUSA Jean-David Barnea dated 4-29-26. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 04/29/2026)	April 29, 2026	April 29, 2026
40	FIRST AMENDED COMPLAINT amending 38 Amended Complaint,, against Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.Document filed by Laura McCallum, Zoey Phillips, Fabian Arias, Stephen Kelly, Debbie Nathan. Related document: 38 Amended Complaint,,..(Kelly, Stephen) (Entered: 04/29/2026)	April 29, 2026	April 29, 2026 Clearinghouse
41	AFFIDAVIT of STEPHEN KELLY in Support re: 32 FIRST MOTION for Preliminary Injunction .. Document filed by Stephen Kelly..(Kelly, Stephen) (Entered: 04/29/2026)	April 29, 2026	April 29, 2026
42	ORDER granting 39 Letter Motion for Leave to File Excess Pages. OK to all. (Signed by Judge Colleen McMahon on 4/29/26) (yv) (Entered: 05/01/2026)	May 1, 2026	May 1, 2026
	Set/Reset Deadlines: Motions due by 5/12/2026. Responses due by 5/26/2026. Replies due by 6/8/2026. (yv)	May 1, 2026	May 1, 2026
43	MOTION to Dismiss Amended Complaint. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 5/26/2026.(Barnea, Jean-David) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026
44	MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss Amended Complaint. and in Opposition to Plaintiffs' Motions to Certify a Class and for Preliminary Injunction. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026
45	DECLARATION of Acting Assistant Chief Immigration Judge John Burns in Support re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Barnea, Jean-David) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026
46	DECLARATION of Assistant Chief Immigration Judge Khalilah Taylor in Support re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Barnea, Jean-David) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026
47	DECLARATION of FPS District Commander Anton Welsh in Support re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026
48	DECLARATION of FPS Protective Security Operations Officer Clifford Steichen in Support re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026
49	DECLARATION of GSA Field Office Manager John Melecio in Support re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1).(Barnea, Jean-David) (Entered: 05/12/2026) 1 Exhibit 1 View on RECAP	May 12, 2026	May 12, 2026 RECAP
50	DECLARATION of ICE Supervisory Detention and Deportation Officer Joseph Harrington in Support re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026 RECAP
51	FIRST REPLY MEMORANDUM OF LAW in Opposition re: 43 MOTION to Dismiss Amended Complaint. . Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Debora Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 05/26/2026)	May 26, 2026	May 26, 2026 RECAP
52	REPLY AFFIRMATION of PAUL WICKHAM SCHMIDT in Opposition re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 05/26/2026)	May 26, 2026	May 26, 2026
53	REPLY AFFIRMATION of REV. CHLOE BREYER in Opposition re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 05/26/2026)	May 26, 2026	May 26, 2026
54	REPLY AFFIRMATION of SARAH GLACEL in Opposition re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 05/26/2026)	May 26, 2026	May 26, 2026
55	REPLY AFFIRMATION of MATTHEW BLOCK in Opposition re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 05/26/2026)	May 26, 2026	May 26, 2026
56	REPLY AFFIRMATION of STEPHEN KELLY in Opposition re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 05/26/2026)	May 26, 2026	May 26, 2026
57	REPLY AFFIRMATION of ZACHARY SCHULMAN in Opposition re: 43 MOTION to Dismiss Amended Complaint.. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 06/05/2026)	June 5, 2026	June 5, 2026
58	LETTER MOTION for Extension of Time to File Reply in Support of Motion to Dismiss addressed to Judge Colleen McMahon from Kathleen Lewis dated June 8, 2026. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Lewis, Kathleen) (Entered: 06/08/2026)	June 8, 2026	June 8, 2026
59	ORDER granting 58 Letter Motion for Extension of Time. Ok. (Signed by Judge Colleen McMahon on 6/9/2026) (ar) (Entered: 06/09/2026)	June 9, 2026	June 9, 2026
	Set/Reset Deadlines: Replies due by 6/15/2026. (ar)	June 9, 2026	June 9, 2026
60	NOTICE OF APPEARANCE by Ilan Stein on behalf of Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Stein, Ilan) (Entered: 06/11/2026)	June 11, 2026	June 11, 2026
61	REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss Amended Complaint. . Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Lewis, Kathleen) (Entered: 06/15/2026)	June 15, 2026	June 15, 2026
62	OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION re: 33 FIRST MOTION to Certify Class . filed by Zoey Phillips, Debora Nathan, Stephen Kelly, Fabian Arias, Laura McCallum, 32 FIRST MOTION for Preliminary Injunction . filed by Zoey Phillips, Debora Nathan, Stephen Kelly, Fabian Arias, Laura McCallum, 43 MOTION to Dismiss Amended Complaint. filed by U.S. Department of Homeland Security, U.S. Department Of Justice, General Services Administration, Todd Lyons, Pamela Bondi, U.S. Immigration and Customs Enforcement, Kristi Noem, Edward Forst. For the foregoing reasons, defendants' motion to dismiss, Dkt. No. 43, is GRANTED IN PART and DENIED IN PART. The claims against ICE and Defendant David J. Venturella are DISMISSED WITHOUT PREJUDICE for lack of Article III standing. Plaintiffs' First Amendment access, speech and association, and retaliation claims survive only to the extent specified in Section II(B). The motion is otherwise GRANTED. Any dismissal for lack of subject-matter jurisdiction is without prejudice. Plaintiffs are granted leave to file a second amended complaint on or before July 22, 2026, limited to curing: (1) the defendant-specific standing deficiencies concerning ICE and Venturella identified in Section II(A)(2); and (2) the pleading deficiencies concerning claims arising from unidentified exterior spaces identified in Section II(B)(3). Plaintiffs' motion for a preliminary injunction, Dkt. No. 32, is GRANTED IN PART and DENIED IN PART for the reasons stated in Section II(C). The precise terms and scope of the preliminary injunction are reserved for a separate order. Plaintiffs must submit their proposed injunction and supporting memorandum by July 2, 2026. Defendants can submit any objections and a complete alternative proposed injunction by July 9, 2026. Plaintiffs' motion for class certification, Dkt. No. 33, is DENIED WITHOUT PREJUDICE on the present record. Plaintiffs may renew the motion on a developed evidentiary record addressing the deficiencies identified in Section II(D). Any renewed motion must include plaintiffs' proposed class definition - or proposed definitions for any subclasses - and must establish each applicable requirement of Rules 23(a) and 23(b). The Clerk of Court is respectfully directed to terminate the motions at Docket Numbers 33 and 43. The motion at Docket Number 32 remains pending until the Court enters the separate preliminary-injunction order. This constitutes the Opinion and Order of the Court. It is a written decision. ( Amended Pleadings due by 7/22/2026.) (Signed by Judge Colleen McMahon on 6/22/2026) (jjc) (Entered: 06/22/2026)	June 22, 2026	June 22, 2026 Clearinghouse
63	PROPOSED ORDER. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
64	FIRST MEMORANDUM OF LAW in Support PROPOSED PRELIMINARY INJUNCTION. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
65	DECLARATION of CHARLIE EHRMAN in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
66	DECLARATION of BARBARA BOWEN in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
67	DECLARATION of LAURA CONWESSER in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
68	DECLARATION of PENNEE BENDER in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
69	DECLARATION of JILL SIGMAN in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
70	DECLARATION of SONNI MUN in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
71	DECLARATION of ANDREA VASQUEZ in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
72	DECLARATION of JONATHAN HALABI in Support. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/03/2026)	July 3, 2026	July 3, 2026 RECAP
73	FIRST MOTION to Appoint Counsel STEPHEN KELLY., FIRST MOTION to Substitute Party. Old Party: STEPHEN KELLY, New Party: REV. JUAN CARLOS RUIZ . Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/06/2026)	July 6, 2026	July 6, 2026 RECAP
74	AFFIDAVIT of REV. JUAN CARLOS RIUZ in Support re: 73 FIRST MOTION to Appoint Counsel STEPHEN KELLY.FIRST MOTION to Substitute Party. Old Party: STEPHEN KELLY, New Party: REV. JUAN CARLOS RUIZ .. Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/06/2026)	July 6, 2026	July 6, 2026 RECAP
75	FIRST MEMORANDUM OF LAW in Support re: 73 FIRST MOTION to Appoint Counsel STEPHEN KELLY.FIRST MOTION to Substitute Party. Old Party: STEPHEN KELLY, New Party: REV. JUAN CARLOS RUIZ . . Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/06/2026)	July 6, 2026	July 6, 2026 RECAP
78	MOTION for leave to file a motion to intervene in Arias v. US Immigration and Customs Enforcement, No. 26-cv-2130 (CM) (S.D.N.Y.). (ap) (Entered: 07/08/2026)	July 6, 2026	July 6, 2026
76	LETTER MOTION for Extension of Time to File Response/Reply as to 63 Proposed Order addressed to Judge Colleen McMahon from AUSA Jean-David Barnea dated 7-7-26. Document filed by Pamela Bondi, Edward Forst, General Services Administration, Todd Lyons, Kristi Noem, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 07/07/2026)	July 7, 2026	July 7, 2026
77	LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from STEPHEN KELLY dated JULY 7, 2026 re: 76 LETTER MOTION for Extension of Time to File Response/Reply as to 63 Proposed Order addressed to Judge Colleen McMahon from AUSA Jean-David Barnea dated 7-7-26. . Document filed by Fabian Arias, Stephen Kelly, Laura McCallum, Debbie Nathan, Zoey Phillips..(Kelly, Stephen) (Entered: 07/07/2026)	July 7, 2026	July 7, 2026
	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 63 Proposed Order was reviewed and approved as to form. (nd)	July 7, 2026	July 7, 2026
	Notice to Court Regarding Proposed Order	July 7, 2026	July 7, 2026

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Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: March 17, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are private New York City residents that have attended and/or attempted to attend immigration court proceedings.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

General Services Administration

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Immigration and Customs Enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Southern District of New York 1:26-cv-02130

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Access to lawyers or judicial system

Buildings

Courts

Recommended Citation

Case Summary of Arias v. U.S. Immigration and Customs Enforcement, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48277/ (last updated 7/29/2026).