Judge Steps Up Pressure on ICE to Fix NYC Holding Cell Conditions

(NEW YORK CITY, NEW YORK, USA) A federal judge has ordered U.S. Immigration and Customs Enforcement to fix harsh conditions inside the immigration holding cells at 26 Federal Plaza, delivering a sweeping court mandate after months of legal pressure and public outcry.

On September 17, 2025, U.S. District Judge Lewis Kaplan issued a preliminary injunction requiring ICE to bring the Manhattan facility into line with constitutional standards. The order follows an August temporary restraining order and stems from the class-action lawsuit Barco Mercado v. Noem, filed by the ACLU, NYCLU, Make the Road New York, and Wang Hecker LLP. Judge Kaplan said ICE must “conform to the demands of the Constitution” to protect people from “unconstitutional and inhumane treatment” while the case continues.

The court did not order the site closed. Instead, ICE must either improve conditions, reduce intake, or use alternative, humane facilities. The injunction focuses on basic safety and dignity inside these short-term spaces, which have been used for far longer than intended.

Potential national implications

Advocates say the ruling could reshape how ICE uses short-term holding cells nationwide. According to analysis by VisaVerge.com, the case at 26 Federal Plaza may become a benchmark for what standards must apply when people are kept for days or weeks rather than a few hours.

Reports submitted to the court documented severe overcrowding. In some instances, rooms of about 215 square feet held 70–90 people at once, far beyond safe occupancy. Video evidence from July through September shows people sleeping on concrete floors next to open toilets, under constant bright lights, with only thin aluminum blankets. Many detainees went days without showers, clean clothes, or enough food. Lawyers also reported blocked or restricted access to confidential legal calls, a problem the court found unacceptable in a building that houses the city’s main immigration court and ICE interview rooms.

ICE has publicly denied violating standards but had not provided proof of full fixes as of September. The Department of Homeland Security faces continued scrutiny as legal filings and independent documentation point to ongoing failures inside the 26 Federal Plaza holding area.

Court order and immediate requirements

Judge Kaplan’s order imposes clear, measurable steps ICE must take to meet constitutional standards:

• Provide at least 50 square feet per detainee.
• Offer clean bedding and safe sleeping arrangements.
• Ensure access to showers, hygiene supplies, adequate food, and timely medical care.
• Restore and protect confidential access to legal counsel and regular communication with attorneys.

The court also emphasized oversight and monitoring:

• ICE must conduct daily on-site compliance reviews.
• Members of Congress and legal observers may make unscheduled visits, as allowed by law.
• If ICE fails to comply, the court could impose stronger enforcement measures or limits on intake.

The injunction builds on the August temporary order that first set emergency steps. Together, the rulings create a framework to move the facility toward constitutional compliance while the lawsuit proceeds.

Important: The court did not order closure. Instead, it required concrete changes and ongoing oversight to protect detainees’ safety and legal access.

Impact on detainees and next steps

Lawyers stress that the order matters most for people stuck in prolonged detention in a facility meant for short processing. The building at 26 Federal Plaza was designed for stays measured in hours, but since 2022 increased enforcement has pushed more people into short-term rooms for days or weeks, producing chronic crowding and unsafe conditions.

Key statements from advocates:

• Eunice Cho, ACLU National Prison Project: ICE’s “aggressive enforcement and detention policies” have put immigrant communities at risk and violated constitutional rights.
• Donna Lieberman, NYCLU: Called the situation an “inhumane disaster.”
• Harold Solis, Make the Road New York: Described daily family separations and medical neglect as “deeply disturbing, well-documented, and unlawful.”

Their remarks reflect years of complaints from community members, public defenders, and pro bono attorneys, which escalated in 2024–2025 as more evidence surfaced.

Practical uses of the injunction for detainees and lawyers

For people currently detained or recently released from 26 Federal Plaza, the injunction offers a tool to demand improvements:

• Detainees and lawyers can cite the September 17, 2025 order in court or directly to ICE when requesting:
  • Safer sleeping spaces
  • Medical checks
  • Showers
  • Private attorney calls
• If conditions remain unsafe, detainees can seek fast judicial intervention.
• Attorneys encourage documenting conditions with dates, times, and witness names; clear records often drive quicker relief.

Advocacy groups recommend these steps when violations persist:

1. Ask to speak with a supervisor and request immediate changes tied to the court’s order.
2. Call the ICE Detention Reporting and Information Line (DRIL): 1-888-351-4024.
3. File a complaint with the DHS Office of Inspector General.
4. Contact legal support organizations, including the American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), and Make the Road New York.

Ongoing oversight and possible consequences

While ICE says it follows national detention standards, Judge Kaplan’s order places the agency under closer watch. The facility now faces ongoing reviews and potential penalties if it fails to meet the injunction’s terms. That pressure could ripple to other locations where short-term rooms have been used for extended stays.

The legal case continues. Possible future outcomes include:

• A permanent injunction if the court finds ongoing violations.
• Restrictions on use of the site if conditions do not improve.
• Congressional scrutiny of ICE’s short-term detention practices, potentially resulting in:
  • Caps on occupancy
  • Minimum floor-space requirements
  • Guaranteed legal access

People held at 26 Federal Plaza described sleep deprivation from constant lighting, fear of using toilets that lack privacy, and stress from being unable to call lawyers. Medical issues—untreated fevers, injuries, chronic conditions—were reported in court filings. Those accounts, combined with video and sworn statements, helped persuade the court that urgent action was needed to prevent ongoing harm.

The order does not resolve every question. For example, if intake numbers surge, ICE must decide whether to:

• Reduce arrests,
• Shift people quickly to humane alternative sites, or
• Find more space that meets the court’s standards.

What is clear is that the agency can no longer rely on crowded rooms and thin blankets when people are held beyond a brief window.

Resources and reporting

For real-time facility information and complaint procedures, ICE maintains the ICE Detention Management page, which includes policies, a locator tool, and oversight contacts. Advocates say the page should be updated promptly to reflect Judge Kaplan’s order and to explain how people can report violations specific to the 26 Federal Plaza holding cells.

If enforced, the injunction could set a national marker for what “short-term” means in practice and what minimum care is required even for brief detention. For now, detainees, lawyers, and community groups will be watching closely to see whether:

• Clean bedding appears,
• Lights are dimmed at night,
• Private calls resume, and
• People have enough space to lie down without constant fear of being stepped on or sickened in overcrowded rooms.