Federal Judge: ICE Detention Conditions At NYC's 26 Federal Plaza Were 'Inhumane And Unconstitutional' — Permanent Injunction Imposes New Standards

A federal judge sharply rebuked Immigration and Customs Enforcement (ICE) for conditions at a New York City holding facility and issued a permanent injunction requiring the agency to meet stricter standards for detainee housing, medical care and attorney access.

Judge's Findings

U.S. District Judge Lewis A. Kaplan concluded in a 127-page opinion that conditions in ICE holding rooms at 26 Federal Plaza in Manhattan during the summer of 2025 violated detainees' constitutional rights. Kaplan wrote that the conditions "were inhumane and unconstitutional."

"The conditions of confinement to which ICE subjected immigration detainees at 26 Fed during the summer of 2025 were inhumane and unconstitutional," Kaplan wrote.

Kaplan found that ICE routinely placed more people in the holding rooms than the spaces were meant to accommodate and often kept them far longer than the rooms' intended short-term use. He wrote that by crowding and prolonging detention in those rooms, ICE "objectively deprived detainees of sleep, sanitary living conditions, basic personal hygiene needs, sufficient food and water, and adequate medical care." The opinion notes the rooms were designed to hold detained immigrants for "12 hours or less," yet detainees sometimes remained much longer.

Criticism of ICE Conduct

The judge issued unusually pointed criticism of ICE's response to earlier court orders, finding that agency officials at times "intentionally concealed or recklessly disregarded the truth." Kaplan described ICE's failure to follow court-ordered capacity limits as "persistent, egregious, and, at a minimum, reckless, if not willful."

Kaplan also determined detainees faced severe limitations in communicating confidentially with attorneys. He reported that ICE employees or contractors were sometimes close enough to overhear phone calls, leaving at least one detainee feeling "fearful and powerless" and afraid to "speak freely."

Injunction Requirements

Kaplan's permanent injunction prescribes specific, enforceable standards for the facility, including:

• At least 50 square feet of qualifying floor space per detainee.
• Ambient temperatures maintained between 68 and 74 degrees Fahrenheit.
• Three daily meals with bottled water and provision of hygiene supplies and clean bedding for detainees held overnight.
• A licensed medical professional on-site at all times and basic medical screenings for detainees.
• Free, confidential and unmonitored telephone access to attorneys or prospective attorneys.

Government Response

The Department of Homeland Security (DHS) defended ICE, calling 26 Federal Plaza a temporary processing location. A DHS spokesperson told Axios that "detainees are only at 26 Federal Plaza for a short period while they are being processed and awaiting transfer" and said the agency is working to ensure safety and oversight.

DHS said ICE is using measures such as transferring detainees to facilities with available capacity, expediting case processing where appropriate, and coordinating with federal, state and local partners. DHS reiterated that ICE remains committed to providing necessary medical care, access to legal resources and safe living conditions.

In defending the agency's broader approach, a DHS spokesperson also referenced the CBP Home App, promoted by the Trump administration for undocumented immigrants who voluntarily leave the United States, saying "Being in detention is a choice."

Broader Context

Kaplan cautioned that the problems identified at Fed 26 are not unique, citing comparable litigation and disputes across the immigration detention system. The decision could prompt changes at other sites where similar conditions and complaints have been raised.

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