NEW YORK – A federal judge directed the Trump administration on Tuesday to take immediate action to improve conditions at New York City’s immigration facility, following complaints from detained immigrants about filthy, overcrowded cells.
Judge Lewis A. Kaplan, responding to a lawsuit from detainees, issued a temporary restraining order mandating limits on capacity, ensuring cleanliness, and providing sleep mats in the hold rooms at 26 Federal Plaza, a government building in Manhattan.
A cellphone video recorded by detainees last month depicted around 20 men cramped in one of the facility’s four hold rooms, many lying on thermal blankets with no mattresses or other padding.
In their legal filings, the detainees raised concerns about the lack of basic hygiene products like soap and toothbrushes. They reported receiving difficult-to-eat “slops” and enduring a pervasive “terrifying stench” coming from sweat, urine, and feces. The lawsuit included an alarming account of one woman who, while menstruating, had only two menstrual products to share with another detainee in her room.
Judge Kaplan instructed federal immigration officials to ensure each detainee receives at least 50 square feet of space. This has led to a reduction in the capacity of the largest hold room to about 15 detainees, down from over 40, as reported by some individuals. Places like the Immigration Court and the FBI’s New York Field Office have become centers for arrests and detainment amid the Trump administration’s efforts to crack down on illegal immigration.
Kaplan ordered thorough cleaning of the cells three times daily and mandated a sufficient supply of soap, towels, toilet paper, toothbrushes, toothpaste, and women’s hygiene products. He also recognized the need for detainees to communicate privately with their lawyers, ordering provisions for confidential, unsupervised, and unrecorded legal calls.
“My conclusion here is that given the conditions I have been told, there is a very serious threat of continued injuries,” Kaplan stated at a Tuesday hearing where government attorneys acknowledged some complaints were valid.
Government attorney Jeffrey S. Austecher expressed agreement, saying, “We all clearly agree that the terms of 26 Federal Plaza need to be humanitarian, and we all agree to share that belief,” adding that treatment deemed inhumane should not be tolerated.
The lawsuit, brought by immigration rights organizations, including the New York Civil Liberties Union and the American Civil Liberties Union, called for judicial intervention to address what attorney Heather Gregorio described as “inhuman and horrifying conditions.”
Some detainees have remained at 26 Federal Plaza for days or even weeks before being transferred to other facilities. In a sworn declaration, Nancy Zanero, assistant director of ICE’s New York City Enforcement and Removal Operations, mentioned that as of Monday, 24 individuals were being held across the facility’s four hold rooms.
Each room includes at least one toilet and sink, with hygiene supplies, such as soap and cleaning wipes available, according to Zanero.
Sergio Barco Mercado, named as a plaintiff in the suit, recounted in a court filing that he was held for two days at 26 Federal Plaza after being arrested following an immigration court hearing. He was later moved to a detention center in upstate New York.
Barco Mercado, originally from Peru and seeking asylum in the U.S. since 2022, described his hold room as “very crowded,” with cold temperatures and an overwhelming sewage smell. He noted that the conditions worsened an existing dental infection.
“We didn’t always get enough water,” Barco Mercado stated in his declaration. “Like we were animals, one security guard sometimes lifted a bottle of water and made people try to drink from it.”
Another detainee, Carlos Lopez Benitez, who fled violence in Paraguay in 2023, was taken into custody after an immigration court hearing in July. He claimed that officers pressured him to self-deport and indicated he would remain in custody until a 2029 hearing regarding his asylum application.
Lopez Benitez shared a troubling anecdote about an arresting officer who laughed at him while showing a photo of his arrest during an emotional moment. He described his cell conditions, mentioning the officer continuously blasting the air conditioning and serving meals that “look like dog food.”
