District Court Grants Temporary Restraining Order Prohibiting ICE from Detaining Immigrants in Abusive Conditions at 26 Federal Plaza

Order places limitations on number of people allowed in holding rooms, grants access to legal calls

August 12, 2025 4:40 pm

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NEW YORK In a win for immigrants rights, a U.S. District Court granted a temporary restraining order today that would improve conditions for people detained by Immigration and Customs Enforcement (ICE) at 26 Federal Plaza. Notably, the order prohibits ICE from detaining people in spaces with less than 50 square feet per person. The order would also require ICE to improve access to hygiene, provide sleeping mats and access to medical care, and ensure people detained can make free, unmonitored, and confidential calls to their lawyers within 24 hours of being detained.

The order comes just days after the 勛圖眻畦, New York Civil Liberties Union, Make the Road New York, and Wang Hecker LLP a class action lawsuit over the abusive conditions at 26 Federal Plaza. The order will remain in place for at least 14 days while the judge considers longer-term relief.

Quotes from co-counsel are as follows:

Todays order sends a clear message: ICE cannot hold people in abusive conditions and deny them their Constitutional rights to due process and legal representation, said Eunice Cho, senior staff attorney at the 勛圖眻畦s National Prison Project. "Well continue to fight to ensure that peoples rights are upheld at 26 Federal Plaza and beyond.

Harold Solis, Co-Legal Director of Make the Road New York, said, "We welcome the decision by Judge Kaplan to place clear limits on the disturbing and unlawful conditions to which immigrants have been subjected at 26 Federal Plaza. This ruling sends a hopeful message, one that reinforces what everyone knows to be true: ICE cannot confine people in inhumane conditions, nor can it obstruct their access to counsel. We will remain vigilant to ensure ICE complies with the courts order.

The conditions and lack of attorney access at 26 Federal Plaza have been horrifying and unconscionable, said Heather Gregorio of Wang Hecker LLP. Judge Kaplans Temporary Restraining Order imposes basic accountability on ICE and requires that it meet constitutional standards, as all human beings deserve.

The Constitution requires that no one especially someone unlawfully arrested at their immigration hearing, which happened to so many people in this case should have to endure the dehumanizing conditions we've challenged in 26 Federal Plaza," said Bobby Hodgson, Assistant Legal Director at the New York Civil Liberties Union. We look forward to continuing this fight and stopping ICE's unconstitutional detention practices at 26 Federal Plaza for good.

The temporary restraining order is available here: /documents/barco-mercado-v-noem-temporary-restraining-order

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