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A class-action lawsuit filed Wednesday against U.S. Immigration and Customs Enforcement seeks to stop federal immigration agents from re-detaining people at immigration check-ins.
Attorneys from the American Civil Liberties Union of Pennsylvania and several other firms argue that the Philadelphia ICE Field Office has “unlawfully” rescinded the agency’s longstanding changed circumstances policy. That rule prevented officers from re-arresting and re-detaining someone who had previously been released from ICE custody, barring any changes indicating the individual was either a danger to society or a flight risk.
Plaintiffs include Philadelphia resident Ousmane Soumare, who was re-detained by ICE in November 2025 at a routine check-in and later released. Two other plaintiffs in the case, Lassana Diafinaba and a person identified by the initials M.P.B., said they fear being re-detained at upcoming ICE check-ins while their asylum cases are pending.
Filed in the Eastern District of Pennsylvania, the lawsuit asks the court to declare rescission of the Changed Circumstances Policy as “arbitrary and capricious” and unconstitutional; award plaintiffs’ reasonable attorney’s fees and costs; and grant any other and further relief.
An ICE spokesperson said in a statement to WHYY News Wednesday that the agency does not comment on pending litigation.
Vanessa Stine, senior staff attorney at the ACLU of Pennsylvania, said in a statement that more than 200 people have been re-arrested at the Philadelphia ICE Field Office “despite no material change in their circumstances.”