The Tren de Aragua proved its boldness when a group of individuals allegedly linked to the terrorist organization filed a class action lawsuit against the U.S. Secretary of Homeland Security, Kristi Noem; the Acting Director of Immigration and Customs Enforcement (ICE), Todd M. Lyons; and the Director of the Denver ICE Office, Robert Guadian, concerning arrests in Colorado.
The plaintiffs, including Refugio Ramírez Ovando, Caroline Días Goncalves, J.S.T., G.R.R., and others in similar situations, requested declarative and injunctive relief from the U.S. District Court for the District of Colorado against the named government officials.
The lawsuit aims to stop the alleged pattern and practice by ICE of making arrests without a warrant in Colorado, lacking the individualized probable cause required by federal law, specifically the determination that the individual poses a flight risk.
They assert that ICE agents conduct indiscriminate raids and collateral arrests to meet supposed arrest quotas imposed by the administration of Donald Trump, targeting disproportionately people of Latin descent.
Class Action Lawsuit Against ICE Arrests in Colorado
On October 9, 2025, a class action lawsuit was filed in the U.S. District Court for the District of Colorado, alleging that ICE engages in a systematic pattern of warrantless arrests throughout Colorado, in direct violation of federal law.
The core of the lawsuit argues that ICE agents, in an effort to meet intensified arrest quotas set by the administration, indiscriminately detain individuals, primarily of Latin descent, without conducting the individualized flight risk assessment required by statute 8 U.S.C. § 1357(a)(2).
The suit is filed on behalf of four individuals and a class of similarly situated people, detailing aggressive enforcement tactics such as raids in apartment complexes, traffic stops, and collateral arrests that instill fear in communities.
The plaintiffs seek a declaratory and injunctive order to stop what they classify as illegal practices, arguing that the arrests are based on racial profiling and the need to meet arbitrary numbers rather than the probable cause mandated by law.
The allegations are supported by testimonies from plaintiffs, data on the increase in arrests, and statements from high-ranking officials confirming a policy of more aggressive immigration enforcement.
| Entity/Individual | Description |
|---|---|
| Plaintiffs | Refugio Ramirez Ovando, Caroline Dias Goncalves, J.S.T., G.R.R., and others in similar situations. Individuals claiming to have been unlawfully arrested by ICE without a warrant or a flight risk assessment. |
| Defendants | Kristi Noem, Secretary of the Department of Homeland Security (DHS). Todd M. Lyons, Acting Director of ICE. Robert Guadian, Director of the ICE Field Office in Denver. |
The jurisdiction is based on federal law and the Administrative Procedure Act. The case is presented in Colorado, where the plaintiffs reside and where the alleged events occurred.
Legal and Political Framework for Warrantless Arrests
The lawsuit focuses on the interpretation and application of the federal statute governing immigration arrests without a warrant.
It states that 8 U.S.C. § 1357(a)(2) establishes two conditions that must be met for an immigration agent to make a warrantless arrest:
- The agent must have “reasonable grounds to believe” (equivalent to probable cause) that the person is in the United States in violation of immigration laws.
- The agent must have “reasonable grounds to believe” that the person “is likely to flee before a warrant can be obtained.”
The lawsuit emphasizes that the law requires an individualized assessment of both factors prior to the arrest. Ignoring the flight risk evaluation, the plaintiffs argue, makes the arrest unlawful.
Policies of the Administration and Arrest Quotas
The complaint places these practices in the context of a policy shift beginning in January 2025, driven by the Trump administration to drastically increase immigration law enforcement.
- Increase in arrests: federal data cited indicate a significant rise in arrests nationwide, from nearly 23,000 in early March 2025 to about 60,000 in the summer. In Colorado alone, ICE arrested nearly 2,000 individuals in the first half of the year.
- Quota directive: in late May 2025, the White House and DHS established a quota of 3,000 daily arrests nationwide, with “consequences for those not meeting the targets.”
- Shift in tactics: agents were instructed to abandon operations based on specific investigations and instead, “simply go out and arrest” in public spaces. They were encouraged to “turn up the creativity to level 11,” which included collateral arrests of individuals found during operations aimed at other people.
- Surge in Colorado: following the quota directive, daily arrests of non-citizens in Colorado increased by 300% compared to the previous year.
Cancellation of Previous Policies
The lawsuit notes that in May 2025, DHS and ICE rescinded the “Broadcast Policy Statement,” a guideline established in 2022 as part of a court settlement.
This policy required agents to document “specific and particularized facts supporting the conclusion that the foreign national was likely to flee,” considering factors such as community and family ties.
The cancellation of this guideline is presented as further evidence of the agency’s intent to conduct arrests without proper assessment.
Individual Plaintiff Testimonies
The cases of the four main plaintiffs illustrate the pattern of arrests alleged in the lawsuit. They indicate that, in each situation, ICE agents did not conduct any investigation regarding flight risk despite the strong community ties of the individuals.
Refugio Ramírez Ovando
Profile: 43-year-old father, resident of Colorado for 20 years, with a wife and four U.S. citizen children. Long-term employee in construction.
Arrest (May 19, 2025): arrested in his vehicle by ICE agents while heading to work. Despite having a valid Colorado driver’s license, he was arrested without a warrant and without questions regarding his family ties, employment, or history. An agent later admitted they were looking for someone else.
Consequences: detained for over three months at the Aurora Detention Center. His family suffered severe financial hardships, accumulating debts of around $20,000. His eldest daughter’s mental health significantly deteriorated, being diagnosed with Major Depressive Disorder, Generalized Anxiety, and PTSD.
Caroline Días Goncalves
Profile: 19-year-old college student at the University of Utah, DACA beneficiary (dreamer), resident in the U.S. since she was seven years old.
Arrest (June 5, 2025): while driving from Utah to Colorado, she was stopped by a Mesa County sheriff for a minor traffic violation. The officer questioned her about her background, and after letting her go with a warning, secretly alerted ICE via a Signal message. ICE agents detained her miles ahead.
Consequences: arrested without a warrant and lacking a flight risk assessment. An agent told her, “under this president… we have to arrest anyone who isn’t a citizen.” Detained for 15 days in Aurora. Lost one of her jobs, had to cut back her course load, and now lives in fear and anxiety, wearing an ankle monitor.
J.S.T.
Profile: 36-year-old asylum seeker, resident of Colorado for 15 years. Employed at a local restaurant and store for nearly a decade. Active in his church and community.
Arrest (February 5, 2025): detained in his vehicle while leaving the parking lot of his apartment complex, Whispering Pines in Aurora, during a massive ICE raid. Agents arrested him without a warrant and without asking about his community ties.
Consequences: detained for over a month. Conditions at the detention center were poor. Due to his detention, he couldn’t pay his rent and lost his apartment and many of his belongings.
G.R.R.
Profile: 32-year-old father and entrepreneur, resident in the U.S. for 11 years. Lives in Colorado Springs with his son and ex-wife, both U.S. citizens.
Arrest (April 27, 2025): arrested during a massive raid at a nightclub in Colorado Springs, where he was waiting as a designated driver for a friend. Agents used tear gas to force customers out. He was thrown to the ground, handcuffed, and arrested without a warrant or questions about flight risk.
Consequences: detained for 50 days. His detention caused financial and emotional hardships for his family. His son has shown behavioral issues at school and suffers from separation anxiety.
Widespread ICE Practices in Colorado
The lawsuit claims that the individual cases are not isolated incidents but part of a deliberate strategy. Multiple sources and additional testimonies are cited to demonstrate a pattern throughout the state.
• Apartment Raids: ICE conducted large-scale raids in apartment complexes in Denver, Aurora, and Thornton, with heavily armed agents going door-to-door, demanding identification and conducting collateral arrests.
• Traffic Stops and Profiling: Immigration attorneys testify about a pattern in which ICE agents stop Latino drivers. Once the driver presents a Colorado SB251 driver’s license (available to people without proof of legal presence), the agent proceeds to arrest all vehicle occupants without a flight risk assessment.
• Operations in Rural and Mountain Areas: ICE activity expanded beyond the metropolitan Denver area into mountain towns and the western slope, making warrantless arrests in areas like Dillon, Silverthorne, and Roaring Fork Valley.
Supporting Statements
The lawsuit includes summaries of statements from other affected individuals and legal professionals, describing collateral arrests or traffic stops that resulted in prolonged detentions, family trauma, and economic hardships, despite pending immigration applications or no criminal history.
Several attorneys (Arturo Vazquez, Mary Jo Highland, Daniel Herrera, Claire Noone, Shaleen Morales) reported consulting with dozens of clients arrested under identical circumstances: without a warrant and without an individualized flight risk assessment.
Community Organizations: Eida Altman from the Metro Denver Tenants Union describes the chaos and terror that followed ICE raids, while Alex Sánchez from Voices United in the Mountains reports an unprecedented surge in calls from terrified residents.
They argue that ICE practices create an atmosphere of widespread fear that impacts the daily lives of immigrant and Latino communities in Colorado.
Relief Sought
The lawsuit seeks to represent a defined class as follows:
All individuals who since January 20, 2025, have been or will be arrested in this District by ICE without a warrant and without a prior individualized assessment of probable cause suggesting a flight risk.
The plaintiffs argue that the class meets the legal requirements of being numerous, sharing common legal and factual issues, and that the claims made by the representatives are typical of the class.
Legal Claims:
- Violation of 8 U.S.C. § 1357(a)(2): ICE’s policy and practice of making warrantless arrests without a proper flight risk assessment exceeds its statutory authority.
- Violation of 8 C.F.R. § 287.8(c)(2)(ii): Defendants’ actions violate federal regulations that reflect the statutory requirement to assess flight risk.
Relief sought:
The plaintiffs ask the court to:
- Certify the case as a class action.
- Declare that the defendants’ practices violate federal law.
- Issue a preliminary and permanent injunction prohibiting ICE from continuing to make warrantless arrests in Colorado without an individualized and documented assessment of probable cause for both illegal status and flight risk.
- Grant attorney’s fees and litigation costs.