ICE ordered to enhance detention conditions following complaints of mistreatment from NYC immigration detainees by a judge.
The US Immigration and Customs Enforcement (ICE) has been ordered by a federal judge to improve conditions at an immigration holding facility located at 26 Federal Plaza in Manhattan, New York City. The facility has been under scrutiny due to reports of inhumane conditions and a lack of access to basic necessities.
Current Conditions
Reports suggest that the facility, intended for temporary holding, has been used for extended detentions. Overcrowding is a significant issue, with as many as 90 people packed into small rooms without adequate space, beds, showers, or medical support. Detainees have also reported being unable to shower, change clothes, or brush their teeth, with toilet facilities lacking privacy.
Access to legal counsel has also been a challenge, with detainees denied unrestricted calls with lawyers.
Recent Court Orders
In response to these allegations, a U.S. District Court granted a temporary restraining order that prohibits ICE from detaining people in abusive conditions at 26 Federal Plaza. The order requires improvements in several areas. ICE must ensure at least 50 square feet per person in holding rooms, provide sleeping mats, hygiene products, and access to basic health needs, and allow detainees to make free, unmonitored, and confidential calls to their lawyers within 24 hours of detention.
The court order also mandates that the facility is not overcrowded and that detainees receive necessary services.
Impact of the Order
Sergio Barco Mercado, the lawsuit's named plaintiff, was held at 26 Federal Plaza for two days last week after his arrest there while leaving an immigration court hearing. The lawsuit, filed by immigrant rights organization Make the Road New York, the New York Civil Liberties Union, and the American Civil Liberties Union, seeks court intervention to end "inhumane and horrifying conditions" at the facility.
The judge's order aims to address the severe conditions reported at the facility and ensure that detainees are treated with dignity and have access to the necessities they need.
The building at 26 Federal Plaza is an epicenter of President Donald Trump's crackdown on illegal immigration. Murad Awawdeh, the president and CEO of the New York Immigration Coalition, has expressed that the facility at 26 Federal Plaza should be shut down permanently.
As of Monday, a total of 24 people were held in the building's four hold rooms, according to Nancy Zanello, of ICE's New York City Field Office of Enforcement and Removal Operations. The judge's order includes accommodations for confidential legal telephone calls to address concerns about detainees not being able to communicate with lawyers.
The ruling has been hailed as a "much-needed rebuke of Trump's cruel immigration policies" by New York City Comptroller Brad Lander.
Detainees have complained about lack of soap, toothbrushes, and other hygiene products, inedible food, and the "horrific stench" of sweat, urine, and feces due to open toilets. The judge has ordered the government to thoroughly clean the cells three times a day and provide an adequate supply of hygiene products.
One notable case is that of Carlos Lopez Benitez, who fled violence in Paraguay in 2023 and was seeking asylum in the US when he was arrested in July while leaving an immigration hearing. Lopez Benitez described his hold room as "extremely crowded," cold, and "smelled of sewage." He also mentioned that an officer showed him a cellphone photo of his arrest and mocked him for crying. In his holding cell, he said, officers blasted air conditioning and doled out meals that "looked like dog food."
Barco Mercado, a native of Peru who sought asylum in the US in 2022, stated that his hold room was "extremely crowded," cold, and "smelled of sewage." He also mentioned that the conditions exacerbated a tooth infection that swelled his face and altered his speech.
One woman having her period couldn't use menstrual products because women in her room were given just two to divvy up.
Each hold room has at least one toilet and sink, and hygiene products are available, including soap, teeth cleaning wipes, and feminine products, as per Zanello's declaration. However, the judge's order mandates that these provisions are adequate and regularly replenished.
The improvements ordered by the judge are a step towards ensuring that detainees in the 26 Federal Plaza facility are treated with the dignity and respect they deserve, and have access to the necessities they need.
- The judge's order concerning the 26 Federal Plaza facility is a significant step in addressing the inhumane conditions reported by detainees, addressing issues related to policy-and-legislation and general-news, as it requires ICE to improve conditions by providing adequate space, hygiene products, healthcare, and confidential legal calls.
- The court order, aimed at improving conditions at the Manhattan immigration holding facility, could potentially impact the larger political landscape and policies surrounding immigration in the United States, as it serves as a much-needed rebuke of current immigration policies, with advocates calling for permanent closure of the facility at 26 Federal Plaza.