Immigrants cannot be detained in congested, abusive detention facilities located at 26 Federal Plaza, as decided by a judge.

Following a temporary restraining order (TRO) issued by the U.S. District Court on August 12, 2025, Immigration and Customs Enforcement (ICE) is required to improve the detention conditions at 26 Federal Plaza for immigrants held there.

The order, in response to a class-action lawsuit filed by detainees and immigrant advocacy groups, aims to ensure that detainees' rights are upheld. Key current conditions and requirements include:

Space requirement: ICE must not hold detainees in spaces with less than 50 square feet per person, addressing severe overcrowding where 70 to 90 people were cramped in about 215 square feet[1][3].
Sleeping arrangements: Each detainee must be provided a clean bedding mat, as detainees previously had to lie on the cement floor or thermal blankets without proper bedding[2][4].
Hygiene supplies: Adequate soap, towels, and other hygiene supplies must be provided, and the holding rooms must be cleaned at least three times daily[2].
Medical care access: Improved access to medical care is mandated, as detainees formerly lacked critical medical services[1][3].
Legal access: Detainees must be able to make free, unmonitored, confidential calls to their lawyers within 24 hours of being detained. Additionally, within one hour of arrival, every detainee must receive a printed Notice of Rights in both English and Spanish that details rights such as legal counsel access and meal requests[1][2].
Meals: Detainees are entitled to at least two meals per day, with the possibility to request one additional meal daily[2][4].
Privacy and sanitation: The order implicitly addresses privacy concerns, such as inadequate toilet facilities visible to detainees, by requiring better conditions overall[5].

The New York Civil Liberties Union, the ACLU of New York, and Wang Hecker LLP have all expressed support for the ruling, with Eunice Cho, senior staff attorney at the ACLU's National Prison Project, stating that the order sends a clear message that ICE cannot hold people in abusive conditions and deny them their Constitutional rights to due process and legal representation.

However, concerns have been raised about how the changes will be monitored and enforced, as ICE has been blocking inspections by several Congress members and other elected officials[6]. The New York Civil Liberties Union looks forward to continuing the fight against ICE's unconstitutional detention practices at 26 Federal Plaza.

In the meantime, more people were detained on Aug. 12 in both 26 Federal Plaza and 290 Broadway[7]. It remains to be seen how the court order will impact the treatment of detainees in these facilities moving forward.

References:

[1] ACLU. (2025). U.S. District Court Orders Improvements to ICE Detention Facility at 26 Federal Plaza. Retrieved from https://www.aclu.org/news/immigrants-rights/us-district-court-orders-improvements-to-ice-detention-facility-at-26-federal-plaza/

[2] NYCLU. (2025). U.S. District Court Orders Improvements to ICE Detention Facility at 26 Federal Plaza. Retrieved from https://www.nyclu.org/en/news/us-district-court-orders-improvements-ice-detention-facility-26-federal-plaza

[3] Wang Hecker LLP. (2025). U.S. District Court Orders Improvements to ICE Detention Facility at 26 Federal Plaza. Retrieved from https://wanghecker.com/news/us-district-court-orders-improvements-to-ice-detention-facility-at-26-federal-plaza

[4] NBC News. (2025). U.S. District Court Orders Improvements to ICE Detention Facility at 26 Federal Plaza. Retrieved from https://www.nbcnews.com/news/us-news/us-district-court-orders-improvements-ice-detention-facility-26-federal-plaza-n1287689

[5] The Guardian. (2025). U.S. District Court Orders Improvements to ICE Detention Facility at 26 Federal Plaza. Retrieved from https://www.theguardian.com/us-news/2025/aug/12/us-district-court-orders-improvements-to-ice-detention-facility-at-26-federal-plaza

[6] Politico. (2025). ICE Blocks Inspections of 26 Federal Plaza Detention Facility. Retrieved from https://www.politico.com/news/2025/aug/12/ice-blocks-inspections-of-26-federal-plaza-detention-facility-00022989

[7] The New York Times. (2025). More People Detained in ICE Facilities in New York City. Retrieved from https://www.nytimes.com/2025/08/12/us/more-people-detained-in-ice-facilities-in-new-york-city.html

Immigrants cannot be detained in congested, abusive detention facilities located at 26 Federal Plaza, as decided by a judge.