Court Revives ICE Arrest Lawsuit Over Waiver Program
A federal appeals court revived a lawsuit in August 2026 accusing the government of using a waiver program to lure immigrants into ICE arrests. The Fourth Circuit said courts can hear this kind of challenge — but also ruled the evidence so far is not enough to win. The case goes back to the lower court, and the fight is far from over.
What if you sued the government over an ICE arrest — and the court said your case can move forward, but not the way you hoped? That is exactly where Alyse Sanchez and other plaintiffs now stand after the Fourth Circuit Court of Appeals issued its ruling in Alyse Sanchez v. Markwayne Mullin in August 2026.
The appeals court vacated the lower court's decision and sent the case back for further proceedings. The panel ruled that the lawsuit is not blocked by 8 U.S.C. § 1252(g) — a federal law that normally limits courts from hearing challenges to deportation-related decisions. That is a significant legal win: it means the court has the authority to hear this type of claim at all. However, the Fourth Circuit also rejected the district court's ruling on the merits, finding that the record did not contain enough evidence to prove the government used the waiver program specifically to target people for arrest.
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What This Means for People in Removal Proceedings
The ruling does not end the case. It goes back to the lower court, which must now look at the evidence again. For immigrants who participated in a government waiver or check-in program and later faced ICE arrest, this decision matters. It confirms that federal courts can review whether the government misused such programs — but plaintiffs must build a stronger factual record to prove targeting actually happened. That is a high bar, and the outcome remains uncertain.
What to do
- If you participated in a government check-in or waiver program and were later arrested by ICE, tell your immigration lawyer about this ruling — it may be relevant to your defense.
- If you are in removal proceedings, ask your attorney whether a legal challenge to how ICE arrested you is possible given this decision.
- Do not skip any scheduled check-ins or immigration court hearings — missing them can result in an automatic removal order.
- Follow updates on this case through official court records or a licensed immigration attorney, as the lower court has not yet issued a new decision.
What to do, step by step — see our guide “Immigration Court Rulings”.
Fishkin Law Firm, New York
The Fourth Circuit's decision in Sanchez v. Mullin is procedurally important: it confirms that 8 U.S.C. § 1252(g) does not automatically shield the government from lawsuits over how it conducts arrests through waiver or check-in programs. However, the court made clear that plaintiffs must present concrete, specific evidence of targeting — general suspicion is not enough. If you believe ICE used a program to arrest you in bad faith, preserve every document and communication related to that program and consult an immigration attorney who handles federal litigation.
Frequently Asked Questions
What is 8 U.S.C. § 1252(g) and why does it matter?
It is a federal law that limits when courts can review government decisions to start, carry out, or stop deportation proceedings. The Fourth Circuit ruled this law does not automatically block lawsuits like this one, which is a significant legal finding.
Does this ruling mean the plaintiffs won?
No. The court sent the case back to the lower court. The plaintiffs still need to prove — with stronger evidence — that the government used the waiver program to deliberately target people for arrest.
I am in a check-in program with ICE. Should I stop going?
Lawyers generally advise against skipping required check-ins. Missing them can lead to a removal order issued in your absence. Talk to an immigration attorney before making any changes to your check-in schedule.
Can I sue ICE if I was arrested after a check-in or waiver program?
This ruling shows that federal courts may be able to hear such claims. But success depends heavily on the specific facts and evidence in your case. You would need an immigration attorney experienced in federal litigation to evaluate whether a lawsuit is viable.