Judge orders permanent injunction against ICE over NYC detention conditions
Federal judge finds ICE subjected detainees to inhumane, unconstitutional conditions at Manhattan facility and intentionally defied court orders.
What to know
- Judge Kaplan issued a permanent injunction barring ICE from returning to 2025 detention practices at the Manhattan facility, applying to all detainees there now and in the future.
- Kaplan found ICE intentionally defied court orders and subjected detainees to inhumane conditions with the goal of inducing self-deportation.
- ICE held 48 detainees in a space with a court-imposed 22-person limit in one documented violation; the government did not dispute the underlying factual evidence at trial.
“knew, or should have known that its treatment of detainees was improper but continued anyway…to inflict punishment on detainees and induce them to self-deport.”
U.S. District Judge Lewis Kaplan, Federal judge · RedState ↗
U.S. District Judge Lewis Kaplan Federal judgeImmigration and Customs Enforcement (ICE) Federal agency
How it unfolded 1 development · click the chart to see its coverage articles
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Judge finds ICE intentionally defied court orders and punished detainees
Kaplan concluded that ICE 'knew, or should have known' its treatment was improper but continued anyway, doing so 'to inflict punishment on detainees and induce them to self-deport.' He also documented multiple violations of capacity restrictions, including one instance where ICE held 48 detainees despite a court-imposed limit of 22.
“The conditions of confinement to which ICE subjected immigration detainees at 26 Fed during the summer of 2025 were inhumane and unconstitutional.”
— U.S. District Judge Lewis Kaplan, Federal judge · source -
background
Judge issues 127-page ruling with permanent injunction — Judge Kaplan issued a permanent injunction in Mercado v. Mullin that goes beyond the preliminary injunction, certifying a class encompassing all immigration detainees currently held or who will be held at 26 Federal Plaza. Kaplan found overcrowding and extended stays deprived detainees of sleep, sanitary conditions, hygiene, sufficient food and water, and medical care.
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Bench trial concludes on detention conditions — Following a bench trial in May 2026, Kaplan concluded that conditions ICE subjected detainees to during summer 2025 were inhumane and unconstitutional.
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Preliminary injunction imposed with capacity and care standards — Kaplan issued a preliminary injunction imposing capacity limits and requirements regarding food, water, hygiene, medical care, sleeping accommodations, and access to attorneys. These restrictions remained in place thereafter.
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Judge Kaplan issues temporary restraining order — U.S. District Judge Lewis Kaplan issued a temporary restraining order in August 2025 in response to the conditions complaints.
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Complaints emerge over overcrowding at ICE detention facility — Complaints arise about overcrowding and conditions in holding rooms at 26 Federal Plaza in Manhattan, where ICE temporarily holds immigration detainees arrested under the Trump administration's stepped-up enforcement efforts.
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first by Axios, 5d ago · also RedState
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