ICE can no longer hold detained immigrants in cramped quarters and “abusive conditions” observed on the 10th floor of 26 Federal Plaza, a U.S. District Court judge ruled Tuesday, according to the ACLU of New York.
Legal reps are calling it a win for immigrants’ rights after the U.S. District Court issued a temporary restraining order that looks to prevent those arrested by federal agents from being held in cramped and unhygienic conditions, as seen from the 10th floor on leaked video footage.
While the ruling will not prevent detainments in the halls of 26 Federal Plaza, it demands that the environment in which they are being held be immediately remedied. The order prohibits ICE from detaining people in spaces with less than 50 square feet per person.
The order also requires ICE to improve access to hygiene, provide sleeping mats, provide access to medical care, and ensure people detained can make free, unmonitored, and confidential calls to their lawyers within 24 hours of being detained.
“Today’s 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 ACLU’s National Prison Project, said. “We’ll continue to fight to ensure that people’s rights are upheld at 26 Federal Plaza and beyond.”
This comes after more people were detained on Aug. 12 in both 26 Federal Plaza and the adjacent 290 Broadway, and mere weeks after leaked footage from the detention facility appeared to show squalid and cramped conditions.
“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.”
For months, amNewYork has documented everything from families being separated to people in ICE custody suffering medical emergencies. Those celebrating this ruling say they are hopeful that those facing ICE will also be given better legal access.
“The conditions and lack of attorney access at 26 Federal Plaza have been horrifying and unconscionable,” said Heather Gregorio of Wang Hecker LLP. “Judge Kaplan’s Temporary Restraining Order imposes basic accountability on ICE and requires that it meet constitutional standards, as all human beings deserve.”
Still, with ICE blocking inspections by several Congress members and other elected officials, it is unclear how exactly the changes will be monitored and enforced.
