A federal judge has issued a temporary restraining order requiring U.S. Immigration and Customs Enforcement (ICE) to urgently address inhumane conditions at a Manhattan detention facility.
This is where migrants and asylum seekers have reported severe overcrowding, lack of basic hygiene supplies, and restricted access to legal counsel.
The ruling, delivered by U.S. District Judge Lewis A. Kaplan in the Southern District of New York, comes amid escalating criticism of the Trump administration’s aggressive immigration enforcement tactics.
The order targets the holding cells on the 10th floor of 26 Federal Plaza, a government building that also houses an immigration court and the FBI’s New York field office.
Detainees, many arrested directly after court hearings, described the facility as “crowded, squalid, and punitive,” with conditions exacerbating health issues and violating basic human rights.
Judge Kaplan’s ruling, effective immediately and set to last for 14 days unless extended into a preliminary injunction, imposes strict requirements on ICE to prevent “continuing irreparable injury” to detainees.
The order mandates:
- Capacity Limits: Each detainee must be allocated at least 50 square feet (4.6 square meters) of space, reducing the capacity of the largest holding room from over 40 people to approximately 15.
- Cleanliness and Hygiene: Cells must be thoroughly cleaned with industrial products at least three times daily. ICE is required to provide adequate supplies of soap, towels, toilet paper, toothbrushes, toothpaste, and feminine hygiene products.
- Sleeping Accommodations: Clean bedding mats must be provided for any detainee held overnight, addressing complaints of sleeping on bare concrete floors.
- Access to Legal Representation: Detainees must receive accommodations for confidential, unmonitored, and unrecorded phone calls to attorneys within 24 hours of detention. They must also be given a printed notice of their rights within one hour of arrival.
- Meals and Medical Care: In addition to the standard two meals per day, detainees must have access to bottled water and an additional meal upon request. The order also ensures access to prescription medications and proper medical attention.
During the hearing, Judge Kaplan expressed skepticism about ICE’s claims of compliance, questioning recent reductions in detainee numbers and highlighting discrepancies between agency standards and detainee affidavits.
Detainee Complaints: ‘Treated Like Animals’
The lawsuit was filed on behalf of Sergio Alberto Barco Mercado, a Peruvian asylum seeker arrested on August 8, 2025, after a scheduled court appearance.
Barco Mercado, now transferred to an upstate New York facility, described in a sworn declaration an “extremely crowded” room smelling of sewage, where guards occasionally squirted water into detainees’ mouths “like we were animals.”
He reported inadequate water access and conditions that worsened a tooth infection, swelling his face and impairing his speech.
Other affidavits painted a grim picture:
- Detainees endured a “horrific stench” of sweat, urine, and feces due to open toilets.
- Meals were described as “inedible slop.”
- Hygiene products were scarce; one woman on her period shared just two menstrual products among a group.
- A cellphone video from last month showed two dozen men crammed into a room, lying on the floor with thermal blankets but no padding.
- Geovani Mardiaga Ochoa, a Honduran detainee later deported, recounted six days in a cell with 30-40 people, no showers or toothbrushing, and delayed medical response to a seizure-like incident.
Lawyers from Make the Road New York, the New York Civil Liberties Union (NYCLU), and the American Civil Liberties Union (ACLU) argued that detainees were held far beyond the 72-hour norm, sometimes for days or weeks, without access to counsel.
Government Response
Government lawyer Jeffrey S. Oestericher conceded during the hearing that “inhumane conditions are not appropriate and should not be tolerated,” affirming a shared belief in humane treatment.
However, ICE Assistant Director Nancy Zanello downplayed the issues in a sworn declaration, stating that only 24 people were held across four rooms as of August 11—well below the 154-person fire marshal limit.
She claimed rooms had toilets, sinks, and available hygiene products, with most transfers occurring within 72 hours.
Earlier this month, the Department of Homeland Security (DHS) dismissed reports of subpar conditions as “fake news,” asserting higher standards than U.S. prisons and noting an 830% rise in assaults on ICE agents.
Critics, including immigration watchdogs, have long documented systemic issues in ICE facilities nationwide.
Immigration Crackdown
The 26 Federal Plaza has become a focal point in New York City’s response to President Donald Trump’s intensified enforcement.
In January 2025, the administration rescinded guidelines limiting arrests in “sensitive locations” like courthouses, leading to a surge in detentions post-hearings.
An analysis found half of nationwide court arrests in late May and early June occurred in NYC.
Advocates argue such tactics violate due process and deter legal immigration pursuits.
This ruling follows a similar California decision last month mandating better lawyer access in a Los Angeles facility.
The decision has drawn praise from immigrant rights groups and politicians:
- ACLU lawyer Eunice Cho: “Today’s order sends a clear message: ICE cannot hold people in abusive conditions and deny them their Constitutional rights.”
- Murad Awawdeh, New York Immigration Coalition: A “step forward,” but the facility “must be shut down permanently.”
- NYC Comptroller Brad Lander: A “much-needed rebuke of Trump’s cruel immigration policies.”
- Rep. Nydia Velazquez: “Progress, but we won’t stop until the 10th floor ICE detention site is shut down.”
On X, journalists and advocates echoed calls for accountability, with posts highlighting the ruling’s urgency and potential for class-action expansion.
Implications and Next Steps
This TRO could pave the way for a class-action lawsuit benefiting all detainees at the facility.
Judge Kaplan will review the case further, potentially issuing a longer-term injunction.
Amid rising deaths in ICE custody and national scrutiny, the ruling underscores ongoing tensions in U.S. immigration policy.
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