US Judge Orders Humane Conditions for Migrants at Manhattan Facility

A US federal judge on Tuesday mandated that migrants held at a Manhattan detention facility — where individuals are often arrested after attending court hearings to contest deportation — be provided with humane conditions.

Images have emerged showing overcrowded and unsanitary conditions at New York City’s 26 Federal Plaza, where individuals apprehended by Immigration and Customs Enforcement (ICE) are held.

Manhattan Judge Lewis Kaplan issued a temporary restraining order, stipulating that no detainee may be confined in less than 50 square feet (4.6 square metres) of space, without clean bedding, hygiene products, or the ability to conduct private attorney-client calls.

“ICE shall not retaliate in any manner against Plaintiff (including in his or her immigration proceedings…) for complaining about any alleged violation of this temporary restraining order,” Judge Kaplan declared.

Background: ICE Arrest Tactics

Hundreds of migrants have passed through the facility as immigration officers have increased arrests outside Manhattan immigration courts.

Since former President Donald Trump returned to the White House, Homeland Security agents have adopted a controversial tactic: waiting outside immigration courts nationwide and arresting migrants as they leave asylum hearings. This approach has been heavily criticised by rights groups.

AFP reporters observed armed federal agents with badges from multiple agencies loitering outside court hearings in the central Manhattan skyscraper, holding paperwork with photographs of targeted migrants.

Trump, who campaigned on a promise to deport large numbers of migrants, has encouraged authorities to be more aggressive, aiming to reach his widely reported goal of one million deportations annually.

Legal Action

On Friday, the American Civil Liberties Union (ACLU) and the New York Civil Liberties Foundation filed a lawsuit against the Department of Homeland Security on behalf of Sergio Mercado and other unnamed detainees.

The complaint alleges that migrants are being detained in overcrowded rooms without beds, adequate food, hygiene products, access to showers, or the ability to communicate confidentially with their attorneys.

“They bring this action to challenge these unlawful conditions of confinement and the ban on attorney access,” the class action suit stated.

Eunice Cho, senior staff attorney at the ACLU’s National Prison Project, said:

“Today’s order sends a clear message: ICE cannot hold people in abusive conditions and deny them their Constitutional rights to due process and legal representation. We’ll continue to fight to ensure that peoples’ rights are upheld at 26 Federal Plaza and beyond.”

Next Steps

The judge has set a deadline of 18 August for the government to respond to the claims, ahead of a ruling on a preliminary injunction.

26 Federal Plaza Detainee Case