Judge Lewis Kaplan ruled that overcrowding and barriers to lawyers at Manhattan’s 26 Federal Plaza violated detainees’ constitutional rights. He ordered DHS to limit capacity and ensure legal access for all current and future detainees there.
Kaplan described the facility before court orders in August 2025 as a “black site,” saying ICE obstructed attorney contact through scheduling delays and inaccurate detainee-location records. He said the number held in its hold rooms rose from fewer than 10 to more than 100 between May and August 2025 as arrests outpaced suitable detention space.
The rooms had no showers, beds, cots or windows, and some detainees were held beyond a 72-hour limit because longer-term ICE facilities lacked space. Kaplan said ICE maintained poor conditions to punish detainees and induce self-deportation; DHS had argued conditions improved and access to counsel was adequate. Posters offered voluntary departure with a $2,500 DHS stipend and a flight home.
