A federal judge in New York has upheld restrictions on the number of immigrants that Immigration and Customs Enforcement (ICE) can detain at 26 Federal Plaza in Lower Manhattan, emphasizing the need for humane conditions and legal representation for detainees. This ruling, issued on Wednesday, follows concerns raised about overcrowding and unsanitary conditions faced by immigrants held at the facility.
Judge Lewis Kaplan agreed with claims made by immigrants and advocacy groups, including the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union (ACLU), and Make the Road New York. In a decision based on numerous affidavits, he highlighted the inadequate space, unsanitary conditions, and the lack of access to essential services like food, water, and legal communication.
Kaplan described the situation, stating that ICE has confined individuals in facilities ill-equipped for humane treatment, violating their rights. He reinforced that the U.S. must uphold its constitutional values, asserting that everyone within its borders deserves humane treatment, regardless of their immigration status.
The preliminary injunction extends earlier requirements mandating that detainees at 26 Federal Plaza receive a minimum of 50 square feet of space, three meals daily, sanitary supplies, sleeping mats, fresh bedding, and confidential access to legal counsel if they remain at the facility for over 24 hours.
Eunice Cho, senior counsel with the ACLU’s National Prison Project, praised the ruling and reaffirmed the commitment to challenge ICE’s practices, emphasizing that essential rights, such as medical care and legal access, must not be compromised for individuals in custody.
The 10th floor of 26 Federal Plaza serves as the central processing area for immigrants apprehended in and around New York City before they are transferred to detention centers nationwide. Historical data from ICE indicates that prior to a recent surge in arrests, only a small number of individuals passed through these holding areas. However, since late May, that number has significantly increased, resulting in detainees facing extended periods of confinement under harsh conditions.
Advocacy groups have voiced growing concerns, particularly as members of Congress have reported difficulties accessing the facility to inspect conditions, prompting ongoing litigation to secure that right. A video shared by a detainee, initially highlighted by media outlets, captured the overcrowded and dire situation at the facility, with individuals comparing their treatment to that of animals.
ICE’s legal team previously opposed the temporary restrictions, arguing they would limit the agency’s capacity to detain individuals. Despite this opposition, recent testimony indicated a reduced number of detainees, though critics noted that ICE did not provide comprehensive data on conditions during high-arrest periods previously cited in court.
Kaplan criticized ICE’s responses to the court, indicating that they lacked substantive evidence to disprove the claims of inhumane treatment reported by detainees earlier in the summer. He deemed their statistics unconvincing and did not acknowledge them as a valid counter to the plaintiffs’ assertions.
While this ruling marked a victory for immigrant advocates, it followed a setback just days prior, when another federal judge declined to halt ICE’s practice of arresting individuals in immigration courthouses, particularly affecting New York City. This ruling allows federal agents to continue their presence within courthouses amid rising tensions surrounding immigration enforcement.
This report underscores ongoing challenges facing immigrant rights advocates as they strive for improved conditions and practices within the immigration enforcement system in the United States.
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