Case: Salmeron v. Secretary of the U.S. Department of Homeland Security

1:26-cv-26911 | U.S. District Court for the Southern District of Florida

Filed Date: Oct. 2, 2026

Case Ongoing

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Case Summary

This case challenges the conditions of civil immigration detention at ICE’s Miramar Facility in Florida. On October 2, 2026, two noncitizen civil immigration detainees at the Miramar Facility in Florida filed this putative class action against the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and various officials of those government entities in the U.S. District Court for the Southern District of Florida. The complaint al…

This case challenges the conditions of civil immigration detention at ICE’s Miramar Facility in Florida.

On October 2, 2026, two noncitizen civil immigration detainees at the Miramar Facility in Florida filed this putative class action against the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and various officials of those government entities in the U.S. District Court for the Southern District of Florida. The complaint alleged that detainees at the Miramar Facility were subjected to severe overcrowding and inadequate food, drinking water, sanitation, medical care, bodily privacy, and sleeping arrangements. Plaintiffs further claimed that detainees were restricted from meaningful and confidential access to counsel, and that agents deployed coercive practices to obtain voluntary-departure, removal-related, or other immigration-related signatures and waivers.

Plaintiffs sought relief under the Administrative Procedure Act (APA), asserting that Defendants' actions were not in accordance with law. They claimed violations of the Fifth Amendment Due Process Clause, the Fifth Amendment right to counsel, and the First Amendment right to free speech and association. Plaintiffs sought class certification for a class of all persons who have been or will be detained in civil immigration custody at the Miramar Facility in Florida. Plaintiffs sought a declaratory judgment that Defendants' actions at the Miramar Facility were unconstitutional and injunctive relief mandating Defendants alter conditions at the Miramar Facility to correct the above violations.

The case was initially assigned to U.S. District Judge Kevin Michael Moore, but was reassigned to U.S. District Judge Beth Bloom on October 6, 2026.

On October 5, 2026, Plaintiffs filed an expedited motion for a temporary restraining order (TRO) and preliminary injunction (PI), seeking provisional certification of the putative class and judicial action "requiring Defendants to stop holding people at Miramar beyond twelve hours and, while anyone is held there, to provide the basic necessities the Constitution and Defendants’ own standards require." After a hearing on the motion, on October 16, 2026, the Court issued a paperless order denying Plaintiffs' request for a TRO, finding that the motion "seeks relief that extends beyond preserving the status quo." The Court held the PI request in abeyance until service of the motion on Defendants was confirmed.

This case is ongoing.

Summary Authors

Talia Richland (10/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74907791/parties/salmeron-v-secretary-of-the-us-department-of-homeland-security/

Judge(s)

Moore, Kevin Michael (Florida)

Attorney for Plaintiff

Anderson, Anne Janet (Florida)

Barros, Maite C (Florida)

Chavez, Paul Raymond (Florida)

Attorney for Defendant

Attorney, Noticing INS (Florida)

Judge(s)

Moore, Kevin Michael (Florida)

Attorney for Plaintiff

Anderson, Anne Janet (Florida)

Barros, Maite C (Florida)

Chavez, Paul Raymond (Florida)

Smith, Jennifer Marie (Florida)

Udelsman, Andrew George (Florida)

Attorney for Defendant

Attorney, Noticing INS (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-26911	Class Action Complaint for Declaratory and Injunctive Relief Salmeron et al. v. Mullin et al.	Oct. 2, 2026	Oct. 2, 2026 Complaint
6 1:26-cv-26911	Plaintiffs' Expedited Motion for a Temporary Restraining Order and Preliminary Injunction Salmeron v. Mullin	Oct. 5, 2026	Oct. 5, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/74907791/salmeron-v-secretary-of-the-us-department-of-homeland-security/

Last updated Nov. 8, 2026, 3:10 a.m.

Docket for: Salmeron v. Secretary of the U.S. Department of Homeland Security

ECF Number	Date	Description	Link
1	Oct. 2, 2026	COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-20065879, filed by John Doe, Orlando Rosales Salmeron. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Chavez, Paul) (Entered: 10/02/2026) 1 Civil Cover Sheet View on PACER 2 Summon(s) View on PACER	Clearinghouse
2	Oct. 2, 2026	Clerks Notice of Judge Assignment to Judge K. Michael Moore. (jas) (Entered: 10/02/2026)	RECAP
3	Oct. 2, 2026	Notice of Pending, Refiled, Related or Similar Actions by John Doe, Orlando Rosales Salmeron (Chavez, Paul) (Entered: 10/02/2026)	RECAP
	Oct. 2, 2026	Clerk's Notice of Judge Assignment and Optional Consent
4	Oct. 5, 2026	NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Jennifer Marie Smith (Smith, Jennifer) (Entered: 10/05/2026)	RECAP
5	Oct. 5, 2026	CLERK'S NOTICE - Attorney Admissions has accepted the address change request as submitted through attorneys PACER account for attorney Jennifer Marie Smith re 4 Notice of Change of Address, Email or Law Firm Name (noa1) (Entered: 10/05/2026)	RECAP
6	Oct. 5, 2026	EXPEDITED MOTION For a Temporary Restraining Order and Preliminary Injunction by John Doe, Orlando Rosales Salmeron. Responses due by 10/19/2026. (Attachments: # 1 Exhibit Ex. 1 - Whistleblower Letter, # 2 Exhibit Ex. 2 - Decl. of Carlos Herrera-Velasquez, # 3 Exhibit Ex. 3 - Decl. of Elsa del Carmen Joya Reyes, # 4 Exhibit Ex. 4 - Decl. of Ignacio Hernandez-Fuentes, # 5 Exhibit Ex. 5 - Decl. of Alvaro Guillemot, # 6 Exhibit Ex. 6 - Decl. of Alvaro Arvelo Garcia, # 7 Exhibit Ex. 7 - Decl. of Domingo Vi Asicona, # 8 Exhibit Ex. 8 - Decl. of Sandra Elena Valera Pereira, # 9 Exhibit Ex. 9 - Decl. of Jane Doe, # 10 Exhibit Ex. 10 - Decl. of Jacqueline Hurst, # 11 Exhibit Ex. 11 - ICE Directive 11087.2, Operations of ERO Holding Facilities (Jan. 31, 2024), # 12 Exhibit Ex. 12 - Call Records, # 13 Text of Proposed Order Proposed Order Granting Temporary Restraining Order and Provisional Class Certification)(Udelsman, Andrew) (Entered: 10/05/2026) 1 Exhibit Ex. 1 - Whistleblower Letter View on RECAP 2 Exhibit Ex. 2 - Decl. of Carlos Herrera-Velasquez View on RECAP 3 Exhibit Ex. 3 - Decl. of Elsa del Carmen Joya Reyes View on RECAP 4 Exhibit Ex. 4 - Decl. of Ignacio Hernandez-Fuentes View on RECAP 5 Exhibit Ex. 5 - Decl. of Alvaro Guillemot View on RECAP 6 Exhibit Ex. 6 - Decl. of Alvaro Arvelo Garcia View on RECAP 7 Exhibit Ex. 7 - Decl. of Domingo Vi Asicona View on RECAP 8 Exhibit Ex. 8 - Decl. of Sandra Elena Valera Pereira View on RECAP 9 Exhibit Ex. 9 - Decl. of Jane Doe View on RECAP 10 Exhibit Ex. 10 - Decl. of Jacqueline Hurst View on RECAP 11 Exhibit Ex. 11 - ICE Directive 11087.2, Operations of ERO Holding Facilities (Ja View on PACER 12 Exhibit Ex. 12 - Call Records View on RECAP 13 Text of Proposed Order Proposed Order Granting Temporary Restraining Order and P View on PACER	Clearinghouse
	Oct. 5, 2026	Clerk's Notice - Attorney Admissions
7	Oct. 6, 2026	NOTICE of Change of Address/Contact Information; Change of Email; by Anne Janet Hernandez Anderson (Hernandez Anderson, Anne) (Entered: 10/06/2026)	RECAP
8	Oct. 6, 2026	ORDER TRANSFERRING CASE to Judge Beth Bloom for all further proceedings, accepted and signed on 10/5/2026. Judge K. Michael Moore no longer assigned to case. Signed by Judge K. Michael Moore on 10/5/2026. See attached document for full details. (ls) (Entered: 10/06/2026)	RECAP
9	Oct. 6, 2026	MOTION to Certify Class by John Doe, Orlando Rosales Salmeron. Responses due by 10/20/2026. (Attachments: # 1 Exhibit Ex. 1 - Decl. of Paul R. Chavez, # 2 Exhibit Ex. 2 - Decl. of A.J. Hernandez Anderson, # 3 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 10/06/2026) 1 Exhibit Ex. 1 - Decl. of Paul R. Chavez View on PACER 2 Exhibit Ex. 2 - Decl. of A.J. Hernandez Anderson View on PACER 3 Text of Proposed Order Proposed Order View on PACER	RECAP
10	Oct. 6, 2026	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Courtney A. O'Donnell. Filing Fee $ 250.00 Receipt # AFLSDC-20082052 by John Doe, Orlando Rosales Salmeron. Responses due by 10/20/2026. (Attachments: # 1 Certification Certification, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Ex. 1 - Certificate of Good Standing)(Chavez, Paul) (Entered: 10/06/2026)	RECAP
11	Oct. 7, 2026	CLERK'S NOTICE - Attorney Admissions cannot update the address and/or email information for attorney Anne Janet Hernandez Anderson re 7 Notice of Change of Address, Email or Law Firm Name. Attorney Anne Janet Hernandez Anderson has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 10/07/2026)	RECAP
12	Oct. 7, 2026	PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Courtney A. O'Donnell. Signed by Judge Beth Bloom (mbn) (Entered: 10/07/2026)	RECAP
	Oct. 7, 2026	Clerk's Notice - Attorney Admissions
	Oct. 7, 2026	Order on Motion to Appear Pro Hac Vice
13	Oct. 8, 2026	CLERK'S NOTICE - Attorney Admissions has accepted the address and email information change requests as submitted through attorneys PACER account for attorney Anne Janet Hernandez Anderson re 7 Notice of Change of Address, Email or Law Firm Name (noa1) (Entered: 10/08/2026)	RECAP
14	Oct. 8, 2026	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeanette Ynfante. Filing Fee $ 250.00 Receipt # AFLSDC-20093990 by John Doe, Orlando Rosales Salmeron. Responses due by 10/22/2026. (Attachments: # 1 Certification Certification, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Ex. 1 - Certificate of Good Standing)(Chavez, Paul) (Entered: 10/08/2026)	RECAP
	Oct. 8, 2026	Clerk's Notice - Attorney Admissions
15	Oct. 9, 2026	PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jeanette Ynfante. Signed by Judge Beth Bloom (mbn) (Entered: 10/09/2026)	RECAP
16	Oct. 9, 2026	Summons Issued as to Acting Director of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Commissioner of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, Executive Associate Director for Enforcement and Removal Operations, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, U.S. Department Homeland Security, Secretary of the U.S. Department of Homeland Security. (jas) (Entered: 10/09/2026)	RECAP
	Oct. 9, 2026	Order on Motion to Appear Pro Hac Vice
17	Oct. 13, 2026	Summons Issued as to Acting Director of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Commissioner of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, Executive Associate Director for Enforcement and Removal Operations, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, U.S. Department Homeland Security, Secretary of the U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (drz) (Entered: 10/13/2026)	RECAP
18	Oct. 15, 2026	MOTION for Plaintiff to Proceed by Pseudonym by John Doe, Orlando Rosales Salmeron. Responses due by 10/29/2026. (Udelsman, Andrew) (Entered: 10/15/2026)	RECAP
19	Oct. 15, 2026	MOTION for Leave for Declarant to Proceed Under Pseudonym by John Doe, Orlando Rosales Salmeron. Responses due by 10/29/2026. (Attachments: # 1 Exhibit Oldaker order)(Udelsman, Andrew) (Entered: 10/15/2026) 1 Exhibit Oldaker order View on PACER	RECAP
20	Oct. 16, 2026	PAPERLESS ORDER: THIS CAUSE is before the Court on Plaintiffs' Expedited Motion for a Temporary Restraining Order and Preliminary Injunction, ECF No. 6 ("Expedited Motion"). It is ORDERED that Plaintiffs' request for a Temporary Restraining Order is denied as the Expedited Motion seeks relief that extends beyond preserving the status quo. See Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1289, 1297 (11th Cir. 2005) ("A temporary restraining order protects against irreparable harm and preserves the status quo until a meaningful decision on the merits can be made."). Plaintiffs' request for a Preliminary Injunction is held in abeyance until Plaintiffs file a notice with the Court verifying that Defendants have been served with the Expedited Motion. Upon verification of proper service, the Court will set a hearing on Plaintiffs' request for a Preliminary Injunction. Signed by Judge Beth Bloom (isn) (Entered: 10/16/2026)	RECAP
	Oct. 16, 2026	- Order (PAPERLESS or pdf attached)
21	Oct. 20, 2026	NOTICE of Attorney Appearance by Keyla E. Rodriguez on behalf of Acting Director of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Commissioner of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, Executive Associate Director for Enforcement and Removal Operations, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, U.S. Department Homeland Security, Secretary of the U.S. Department of Homeland Security. Attorney Keyla E. Rodriguez added to party Acting Director of U.S. Immigration and Customs Enforcement (pty:dft), Attorney Keyla E. Rodriguez added to party U.S. Customs and Border Protection(pty:dft), Attorney Keyla E. Rodriguez added to party Commissioner of U.S. Customs and Border Protection(pty:dft), Attorney Keyla E. Rodriguez added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Keyla E. Rodriguez added to party Executive Associate Director for Enforcement and Removal Operations(pty:dft), Attorney Keyla E. Rodriguez added to party Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office (pty:dft), Attorney Keyla E. Rodriguez added to party U.S. Department Homeland Security(pty:dft), Attorney Keyla E. Rodriguez added to party Secretary of the U.S. Department of Homeland Security (pty:dft). (Rodriguez, Keyla) (Entered: 10/20/2026)	RECAP
22	Oct. 20, 2026	First MOTION for Extension of Time Set Defendants deadline to respond to Plaintiffs Motion to Certify Class (ECF No. 9) for 21 days after the Court resolves Plaintiffs motions to proceed by pseudonym (ECF Nos. 1819). DEFENDANTS MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS MOTION TO CERTIFY CLASS by Acting Director of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Commissioner of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, Executive Associate Director for Enforcement and Removal Operations, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, U.S. Department Homeland Security. Responses due by 11/3/2026. (Rodriguez, Keyla) (Entered: 10/20/2026)	RECAP
23	Oct. 21, 2026	PAPERLESS ORDER granting in part and denying in part 22 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Motion to Certify Class. Defendants' shall respond to Plaintiffs' Motion for Class Certification and Memorandum of Law in Support, ECF No. 9, by November 20, 2026. Signed by Judge Beth Bloom (isn) (Entered: 10/21/2026)	RECAP
24	Oct. 21, 2026	NOTICE of Service of Expedited Motion by John Doe, Orlando Rosales Salmeron re 20 Order,,,, (Udelsman, Andrew) (Entered: 10/21/2026)	RECAP
	Oct. 21, 2026	Order on Motion for Extension of Time
	Oct. 21, 2026	~Util - Set/Reset Motion/R&R Deadlines and Hearings
	Oct. 21, 2026	Reset Deadline as to 9 MOTION to Certify Class . Responses due by 11/20/2026. Per DE 23 . (ksr)
25	Oct. 28, 2026	Summons (Affidavit) Returned EXECUTED AS TO USA DFTS	RECAP
26	Oct. 28, 2026	Summons (Affidavit) Returned EXECUTED AS TO USA DFTS	RECAP
27	Oct. 29, 2026	Response in Opposition to Motion 1 Exhibit M.A. v. Guthrie, No. 2:25-cv-765-KCD-DNF (M.D. Fla. Jan. 5, 2026) (ECF N View on PACER 2 Exhibit In re Ashley Madison Customer Data Sec. Breach Litig., No. 4:15-md-02669 View on PACER	RECAP
28	Nov. 2, 2026	Notice of CHANGE OF ADDRESS, Email or Law Firm Name	RECAP
29	Nov. 4, 2026	Response in Opposition to Motion 1 Exhibit Exhibit A Declaration View on RECAP 2 Exhibit ECF 74 Order Memo on D.N.N. v. Liggins View on PACER 3 Exhibit ECF 75 Order D.N.N. v. Liggins View on PACER	RECAP
30	Nov. 5, 2026	PAPERLESS NOTICE of Hearing on Motion 6 EXPEDITED MOTION For a Temporary Restraining Order and Preliminary Injunction : Motion Hearing set for 11/19/2026 at 01:30 PM in the Miami Division, 400 North Miami Avenue, Courtroom 10-2, before Judge Beth Bloom. (ego) (Entered: 11/05/2026)	RECAP
34	Nov. 6, 2026	Clerk's Notice to Filer re 33 MOTION for Protective Order . Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) (Entered: 11/06/2026)	RECAP

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Case Details

State / Territory:

Florida

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: Oct. 2, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of noncitizens who have been detained in civil immigration custody at the Miramar Facility in Florida

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Americans for Immigrant Justice (previously FIAC)

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Other Dockets:

Southern District of Florida 1:26-cv-26911

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Bathrooms

Buildings

Conditions of confinement

Pattern or Practice

Immigration/Border:

Detention - conditions

Immigration lawyers

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Recommended Citation

Case Summary of Salmeron v. Secretary of the U.S. Department of Homeland Security, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48492/ (last updated 10/21/2026).