Multiple floors at 26 Federal Plaza — where masked ICE agents have seized hundreds of immigrants attending court hearings there — are now being used to hold detainees, federal attorneys admitted in court on Monday.
The admission, which confirmed something immigrant attorneys had previously suspected, came during a Feb. 9 hearing regarding an ongoing lawsuit against the federal Department of Homeland Security (DHS) after a video was leaked over the summer that showcased detainees in squalid and cramped conditions on the 10th floor of the courthouse. The video showed arrested immigrants lying on the floor under constant light with a single shared toilet.
As a result, immigrant advocacy groups brought a lawsuit against DHS that drastically cut the number of people being held on the 10th floor by at least 50 square feet of space per person. While ICE detentions of individuals attending their legally mandated court hearings continued, they also appeared to be slowing.
In December, Congressman Dan Goldman and Adriano Espaillat were finally granted access to the 10th-floor detention center for inspection, during which the politicians commented that it appeared DHS had made improvements, and that there were only a small number of people detained — a question that appeared to be answered this week.
According to a report by THE CITY news site, Judge Lewis Kaplan questioned Attorney Jeffrey Oestericher and asked point-blank, “Are they being held on other floors?”
“The short answer is yes…” Oestericher replied, adding that individuals are also being held on the 9th floor.
In a statement provided to amNewYork, Congressman Dan Goldman, a longtime critic of the courthouse detentions, condemned the revelation.
“ICE is not only lying to the Court, but they are lying to me,” Goldman said. “After winning a lawsuit to conduct oversight of the ICE detention facilities, I have visited 26 Federal Plaza many times and, in response to a direct question, was told that immigrants were only being detained on the 10th floor. It is shocking but not surprising that Trump’s DHS cannot confirm that it is following the requirements of a court order finding that previous conditions were unconstitutional. I visit at least once per week and will make sure ICE is in compliance the next time I return.”
This comes after an investigation by amNewYork found that ICE was found to be carting clothing on the fifth floor that appeared to belong to immigrants. Several court advocates had long surmised that detainees were being held on other floors.
Following amNewYork’s report about the 5th floor, an ICE agent was heard scoffing, “They should see what’s happening on the 9th floor,” where the attorney now admits people are being held.
