Judge Orders ICE to Improve Migrant Holding Conditions in Manhattan

A U.S. federal judge has ordered Immigration and Customs Enforcement (ICE) to clean up and reduce overcrowding at a New York City migrant holding facility after reports described it as filthy, cramped, and inhumane.

On Tuesday, Judge Lewis Kaplan issued a temporary restraining order forcing ICE to overhaul conditions at 26 Federal Plaza in Manhattan, where one floor houses holding cells for migrants and asylum seekers. The reforms will cap occupancy, require daily cleanings, and ensure basic necessities are provided.

“My conclusion here is that there is a very serious threat of continuing irreparable injury, given the conditions that I’ve been told about,” Kaplan said.

Under the order, ICE must:

• Limit capacity to 4.6 square metres (50 square feet) per detainee, reducing the largest room’s limit from over 40 people to just 15.
• Deep clean the cells three times a day.
• Provide adequate soap, towels, toilet paper, toothbrushes, toothpaste, and feminine hygiene products.
• Supply sleeping mats.
• Guarantee private, unmonitored access to legal phone calls.

The ruling follows a complaint from attorneys for Peruvian asylum seeker Sergio Alberto Barco Mercado, who was detained there after a scheduled court appearance on August 8. He described the holding area as “extremely crowded” and “smelling of sewage,” adding that the conditions worsened a tooth infection.

In sworn statements, other detainees reported having no hygiene products, receiving inedible food they called “slop,” and being forced to endure the stench of sweat, urine, and faeces due to open toilets. One woman said she had no access to menstrual products because only two were provided for the entire room.

A mobile phone video from last month showed about two dozen men lying on the floor under thin thermal blankets without mattresses or padding.

At Tuesday’s hearing, Jeffrey S. Oestericher of the U.S. Attorney’s Office admitted that “inhumane conditions are not appropriate and should not be tolerated,” though ICE officials insisted they were already under the 154-person capacity set by the fire marshal. ICE also claimed each room has at least one toilet and sink, with hygiene items available.