Migrant detainees at a New York facility will have to be kept under humane conditions, as per a court order from a US judge.
In a significant move, a U.S. District Court has granted a temporary restraining order (TRO) against the Immigration and Customs Enforcement (ICE) on August 12, 2025, prohibiting the agency from detaining immigrants in abusive and unsanitary conditions at the 26 Federal Plaza detention facility in New York City[1].
The order, issued by Manhattan Judge Lewis Kaplan, requires ICE to provide at least 50 square feet per person in holding areas, clean bedding, hygiene supplies, food, and access to medical care. Detainees must also be allowed to make free, confidential, and unmonitored legal calls within 24 hours of detention[1][2].
The TRO was issued following a class action lawsuit filed by the American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), Make the Road New York, and Wang Hecker LLP, challenging ICE's conditions at the holding center[1]. The order is set to remain for at least 14 days as the court considers longer-term relief[1][4].
The TRO comes after reports of unsanitary and cramped conditions in a holding room at New York City's 26 Federal Plaza. Images showing these conditions have been circulating, prompting city officials and advocates to call for closure or reform[2][3].
Medical professionals and advocates have reported detainees—including vulnerable individuals such as a detained 7-year-old—with limited access to vital medications and medical care, intensifying concerns about detainee health and safety[4].
The Department of Homeland Security (DHS) is appealing the TRO, asserting that the detention space is a temporary processing center adhering to national standards and denying claims of substandard conditions[4].
New York City Comptroller Brad Lander and other city officials see the court's order as a rebuke to past federal policies and have emphasized the need for stringent oversight[2]. Advocacy groups continue to demand independent medical inspections and call for the permanent shutdown of the detention facility at 26 Federal Plaza due to ongoing human rights concerns[3][4].
Eunice Cho, a senior staff attorney at the ACLU's National Prison Project, stated that the TRO sends a clear message that ICE cannot hold people in abusive conditions and deny them their Constitutional rights to due process and legal representation[1]. The situation is ongoing, with the court expected to decide on longer-term measures soon, while DHS pursues appeal efforts opposing the order[4].
The lawsuit does not mention any information about hundreds of migrants passing through the facility or increased arrests of those going through the immigration court in a downtown skyscraper. However, since Trump's return to the White House, Homeland Security agents have been waiting outside immigration courts nationwide and arresting migrants as they leave at the end of asylum hearings[5].
The American Civil Liberties Union and the New York Civil Liberties Foundation have filed a lawsuit against the Department of Homeland Security on behalf of Sergio Mercado and other unnamed detainees, alleging that immigrants are being detained in crowded rooms at 26 Federal Plaza in Manhattan without beds, sufficient food, hygiene products, access to showers, or the ability to communicate confidentially with attorneys[6].
It's important to note that the TRO does not mention any orders for ICE to provide clean bedding, hygiene products, or the right to private attorney-client calls, as previously stated in the temporary restraining order. Nor does it mention any order for ICE not to retaliate against any detainee who complains about alleged violations of this temporary restraining order[6].
Trump has encouraged authorities to be more aggressive in deporting migrants, aiming to hit a target of one million deportations annually[7]. Despite these efforts, the TRO stands as a significant step towards ensuring humane treatment for detainees at the 26 Federal Plaza detention facility.
The TRO, issued by Judge Lewis Kaplan, requires ICE to address issues in politics relating to migration, as it mandates improved conditions at the 26 Federal Plaza detention facility, including providing at least 50 square feet per person, clean bedding, hygiene supplies, food, and access to medical care. Additionally, the order emphasizes the detainees' right to make free, confidential, and unmonitored legal calls within 24 hours of detention. Ongoing discussions regarding longer-term measures are expected, with advocacy groups pressing for independent medical inspections and potential permanent shutdown of the facility due to ongoing human rights concerns.
