Judge orders ICE to end 'squalid' conditions at 26 Federal Plaza detention center
Federal judge imposes permanent injunction with new requirements after finding agency willfully ignored earlier orders on overcrowding and health.
What to know
- Judge Kaplan found ICE violated detainees' constitutional rights through severe overcrowding, disease outbreaks (monkeypox, tuberculosis), and denial of attorney access at 26 Federal Plaza in Manhattan.
- The permanent injunction expands earlier temporary orders with new requirements: pillows, dimmed lighting 9 p.m.–7 a.m., phone access within one hour of detention, on-site medical services, and medical screenings.
- Judge Kaplan condemned ICE for 'selectively' complying with his earlier injunction—the agency continued violating capacity limits even after his first order and exceeded detainee counts at times after the temporary relief.
- Immigration advocates view the ruling as vindication, with the judge using their terminology ('black site') to describe how the facility functioned as a deliberately harmful detention environment.
“[ICE] has overcrowded severely the 26 Fed hold rooms, subjecting detainees for extended periods to inhumane conditions that violate the Constitution, not to mention any decent concern for the Golden Rule or the demands of humanity.”
Judge Lewis Kaplan, U.S. District Judge · Documented ↗ · Sep 23
Judge Lewis Kaplan U.S. District JudgeU.S. Immigration and Customs Enforcement (ICE) Federal detention agencyHarold Solis Attorney for plaintiffs (Make the Road)Carmen Iguina González Deputy director of immigration detention, ACLU National Prison Project
How it unfolded 2 developments, newest first · click a bar or a number to jump articles
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Permanent order adds new requirements: pillows, dimmed lights, medical screenings, on-site healthcare
The final injunction expanded previous requirements to include pillows, dimmed lighting between 9 p.m. and 7 a.m., mandatory phone access within one hour of detention, on-site medical services, and medical screenings before detainees enter holding rooms.
“Detainees often had to try to sleep while sitting upright given the overcrowding. They simply did not have enough room to lay down. Some even resorted to sleeping next to the toilets, behind the half-wall partitions.”
— Judge Lewis Kaplan, U.S. District Judge · source -
background
Judge Kaplan issues permanent injunction, citing ICE's selective compliance and constitutional violations — In a 127-page ruling, Judge Kaplan found ICE had treated detainees in 'dreadful' and 'squalid' conditions, jam-packed into holding rooms far beyond capacity. He condemned the agency for complying with court orders 'only when convenient for them' and continuing to exceed capacity limits after his first order.
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Immigration advocates hail ruling as vindication after exposing 'black site' conditions
Harold Solis from Make the Road and Carmen Iguina González from the ACLU's National Prison Project praised the decision. Solis noted that Judge Kaplan had referred to the facility as a 'black site' in his ruling, validating advocates' characterization of the detention center.
“We brought this case precisely because many of the individuals that we worked with and saw and met last year were facing some pretty terrible and degrading conditions inside of 26 Federal Plaza.”
— Harold Solis -
first by Documented, 3d ago
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background
Bench trial reveals disease outbreaks and severe overcrowding at facility — A one-day bench trial exposed internal ICE text messages documenting monkeypox and tuberculosis outbreaks, overcrowding violations, and callous remarks from staff. ICE officials acknowledged the conditions were unacceptable, with one employee emailing: 'This is insane... We desperately need to get some detainees out of 26 Fed.'
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background
Judge Kaplan issues temporary injunction requiring ICE to improve detention conditions — U.S. District Judge Lewis Kaplan issued an initial injunction establishing a space cap of one detainee per 50 square feet and requiring clean bedding, hygiene supplies, and attorney phone access within a day of detention.
Also covered reported alongside — the timeline has no entry for these yet
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2 outlets In final ruling against ICE, judge blasts ‘dreadful’ and ‘squalid’ conditions at 26 Federal Plaza
first by Courthouse News, 3d ago · also Courthouse News Service