ICE allegedly keeps migrants in cramped, unsanitary cell conditions, according to a lawsuit
In August 2025, a class-action lawsuit was filed against the Trump administration by immigrant rights groups, including the ACLU, New York Civil Liberties Union, Make the Road NY, and Wang Hecker LLP. The lawsuit alleges extreme overcrowding, unsanitary conditions, lack of access to medical care and legal counsel in the temporary holding facility run by ICE at 26 Federal Plaza, Manhattan.
The facility, which houses migrants arrested by ICE, has reportedly held detainees for weeks under degrading conditions. The lawsuit claims that some detainees have been held for over a week, with one person being detained for 10 days. The cells are small, with 70 to 90 people packed into rooms of about 215 square feet, lacking beds, showers, and adequate medical support.
The lawsuit aims to address these abusive conditions and violations of detainees’ rights. However, as of August 2025, no specific court rulings or settlement information were available, indicating that the suit is at an early or active litigation stage.
Advocacy and political pressure continue alongside ongoing litigation. Democratic members of Congress from New York have been denied entry by ICE to the holding cells at 26 Federal Plaza and the Metropolitan Detention Center in Brooklyn. The lawsuit argues that these denials undermine due process and discourage immigrants from appearing for their mandated court hearings.
The courthouse arrests, which have led to an increase in the detention of immigrants without criminal records in New York, have been defended by Trump officials as a tactic to easily arrest and swiftly deport migrants who entered the country illegally. However, the lawsuit contends that these practices violate immigrants' rights.
The lawsuit was filed after Sergio Alberto Barco Mercado, a Peruvian immigrant and father of two, including a 3-month-old, was arrested by ICE as he was leaving a routine appearance in immigration court. Barco Mercado, represented by the American Civil Liberties Union, the New York Civil Liberties Union, and the law firm Wang Hecker, is seeking to certify the lawsuit as a class-action lawsuit in Manhattan federal court.
The Department of Homeland Security, which oversees ICE, has denied claims of unsanitary conditions at 26 Federal Plaza. However, migrants in the cells often sleep on the concrete floor or sitting upright, lack access to legal counsel, and are subjected to a "horrific stench" from toilets. The lawsuit also claims that detainees are denied access to their prescribed medications and are served meals that are too meager.
New York City and Mayor Eric Adams have supported immigrant plaintiffs in related legal battles against ICE’s practices around arrests at immigration courts, reflecting a broader pushback against harsh immigration enforcement policies under the Trump administration.
As the litigation progresses, it remains to be seen whether the conditions at 26 Federal Plaza will improve and whether the rights of detainees will be protected. The lawsuit serves as a powerful reminder of the need for transparency, accountability, and humane treatment in immigration detention facilities.
[1] [Link to source 1] [2] [Link to source 2]
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