Charlotte, N.C. – Willy Wender Aceituno, a naturalized U.S. Citizen, is seeking damages from federal agencies after a late-year confrontation with immigration agents that he and his advocates describe as a violent and unlawful detention. The ACLU of North Carolina, along with the Southern Coalition for Social Justice and the law firm Tin Fulton Walker & Owen, PLLC, filed federal claims on Aceituno’s behalf on March 3, 2026, alleging misconduct by Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). This Aceituno damages claim centers on accusations that armed and masked agents shattered his car window, forcibly removed him from his vehicle, and detained him despite already confirming his U.S. Citizenship.
The incident, which occurred in Charlotte, has sparked a legal challenge to immigration enforcement practices in North Carolina. Aceituno is also a plaintiff in a broader class action lawsuit aimed at preventing unlawful warrantless immigration arrests across the state. The lawsuit argues that the Department of Homeland Security (DHS) and its agencies are exceeding their authority by conducting arrests without the probable cause required by federal law.
Details of the Incident and Legal Claims
According to the claims filed, the confrontation unfolded when armed and masked immigration agents approached Aceituno’s vehicle. The agents allegedly broke his car window and physically removed him, detaining him despite having already verified his U.S. Citizenship. The legal team representing Aceituno argues that this conduct constitutes a violation of his civil rights and seeks financial compensation for the damages he suffered as a result. The claims were submitted under the Federal Tort Claims Act (FTCA), which permits individuals to sue the United States government for wrongful acts committed by federal agents.
The FTCA provides a pathway for seeking redress when individuals are harmed by the actions of federal employees acting within the scope of their employment. In Aceituno’s case, his legal team contends that the actions of the ICE and CBP agents fall squarely within the purview of the FTCA, entitling him to damages for the physical and emotional distress caused by the incident. The specific amount of damages sought has not been publicly disclosed.
Broader Challenge to Immigration Arrest Practices
Aceituno’s case is not isolated. He is one of five plaintiffs involved in the class action lawsuit challenging the legality of warrantless immigration arrests in North Carolina. The other plaintiffs include Yoshi Cuenca Villamar, Ruben Arguera Lopez, Edwin Godinez, and Yair Alexander Napoles, all of whom allege they were subjected to similar unlawful arrests by DHS agencies. The lawsuit asserts that DHS agents are routinely conducting arrests without establishing the necessary probable cause – a determination that the individual is subject to removal from the United States and likely to flee before a warrant can be obtained.
The plaintiffs are seeking a court order declaring DHS’s warrantless arrest policy unlawful and permanently prohibiting the agencies from continuing such practices. They argue that these arrests violate the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. The case raises significant questions about the balance between national security concerns and the constitutional rights of individuals, particularly in states with growing immigrant populations.
Who is Affected?
This case has implications for a wide range of individuals in North Carolina. The class action lawsuit, if successful, could protect anyone who is subjected to an unlawful warrantless immigration arrest by DHS agencies. This includes U.S. Citizens, lawful permanent residents, and individuals with valid visas who may be wrongly targeted by immigration enforcement efforts. The outcome of the case could also influence immigration enforcement practices in other states.
Next Steps in the Legal Process
The federal government has yet to respond to the damages claim filed on behalf of Aceituno. Under the FTCA, the government has six months to investigate the claim and render a decision. If the claim is denied, Aceituno can then file a lawsuit in federal court. The class action lawsuit is currently pending in the U.S. District Court for the Western District of North Carolina. A hearing date has not yet been set. The ACLU of North Carolina is providing updates on the case on its website.
The legal battles surrounding Aceituno’s case and the broader challenge to warrantless immigration arrests highlight growing concerns about the scope and legality of immigration enforcement practices in the United States. As the cases progress, they are likely to draw increased scrutiny to the actions of DHS agencies and the rights of individuals caught in the immigration system.
Disclaimer: This article provides information for general knowledge and informational purposes only, and does not constitute legal advice.
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