Two Families Sue New York City Over ACS Removals Affecting 90% Black and Latino Children
Updated
Updated · The Guardian · May 29
Two Families Sue New York City Over ACS Removals Affecting 90% Black and Latino Children
4 articles · Updated · The Guardian · May 29
A class-action lawsuit filed Thursday accuses New York City of letting ACS remove children without court orders through an allegedly unconstitutional emergency policy that disproportionately targets Black and Latino families.
An April 2026 study cited in the complaint found ACS used emergency removals in more than 50% of cases, with 90% affecting Black and Latino families while white families accounted for about 3%.
The suit seeks to curb family separations after the Second Circuit ruled last week that ACS violates the Constitution when it separates children despite having time to obtain judicial review, and said caseworkers can be personally liable.
The case was brought by a coalition of legal and advocacy groups on behalf of parents and children, with plaintiffs arguing the practice turns a narrow emergency power into a broad system of extrajudicial family separation.
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On May 28, 2026, a landmark class-action lawsuit was filed against New York City’s Administration for Children’s Services (ACS), challenging the agency’s widespread use of emergency child removals. Plaintiffs allege that ACS has turned a limited government power into a broad, unconstitutional policy of extrajudicial family separation by routinely removing children from their homes without necessary court orders or proper judicial oversight. The lawsuit seeks meaningful change by focusing on the legality and constitutionality of these emergency removal procedures, aiming to reform ACS’s practices and ensure families are protected under established legal frameworks.