Federal Judge's order temporarily restricting ICE detentions at 26 Federal Plaza, Broadway, Manhattan, and its hallways or courtrooms, to ensure constitutional due process and prevent arbitrary arrests by ICE/ERO, DHS, and CBP.
By Nicolapps, Human Rights Defender.
Court: Federal District Court for the Southern District of New York
Case: 1:25-cv-06568-LAK
Judge: Lewis A. Kaplan
Plaintiff: Sergio Alberto Barco Mercado (and others in a potential class action lawsuit)
Defendants: Kristi Noem, Secretary of the Department of Homeland Security (DHS), and ICE.
1. Introduction
The plaintiff requested:
● A temporary restraining order (TRO).
●A preliminary order (preliminary injunction).
●Certification of a class (group of people in a similar situation).
The judge determined that:
●The plaintiff and other class members have suffered and will likely continue to suffer "irreparable harm" if this order is not granted.
●There is a chance they will win enough of a case to justify injunctive relief.
2. Scope of the order
The order applies until August 26, 2025, at 11:59 p.m., until the preliminary injunction request is decided, whichever occurs first.
Who applies:
●Defendants, employees, agents, attorneys, and anyone working with them who receives notice of the order.
3. Prohibited conditions at 26 Federal Plaza (NYC):
No ICE detainee at that facility may be held in a “Hold Room” that:
a. Be too small: Less than 50 square feet per person (not counting space within 8 feet of the toilet).
b. Do not have a clean mattress to sleep on if the detainee spends the night.
c. Do not clean at least 3 times a day.
d. Do not have enough supplies: soap, towels, toilet paper, toothbrush and toothpaste, and feminine hygiene products if there are women.
e. Do not allow confidential, free, and unlimited legal calls with attorneys (with interpreters if necessary) within 24 hours of arrest and then at least once every 12 hours.
f. Do not allow legal calls to be scheduled in less than 6 hours if requested between 9 am and 4 pm, or in less than 16 hours if requested after.
g. Do not have at least 1 landline phone for legal calls for every 5 detainees in the room.
4. Rights that must be notified to the detainee
Within the first hour of entry, ICE must provide a Notice of Rights (in English and Spanish, with an interpreter if necessary) that includes:
a. Right to consult with a lawyer.
b. Right to free and unmonitored legal calls.
c. Right to schedule these calls at the established times.
d. Right to clean clothes and a private place to change.
e. Right to free basic supplies if they are not in the room.
f. Right to professional medical care between 7 a.m. and 9:30 p.m., and in emergencies all day.
g. Right to keep your prescription medications and receive those brought by family or lawyers.
h. Right to an additional blanket upon request.
i. Right to free bottled water.
j. Right to one additional meal per day upon request.
5. Location of detainees
ICE's Online Detainee Locator System must reflect the exact location of each detainee in real time, or as nearly as possible.
6. Lawyer access to calls
From August 14, 2025, ICE must:
a. Publish a telephone number on your website for lawyers to schedule calls with detainees.
b. Answer that number from 9 am to 5 pm without undue delay.
c. Schedule the call as soon as possible.
d. Inform the detainee of the day/time and provide the means for the call to be private and unmonitored.
7. Languages and interpreters
● The rights notice must be given in English and Spanish.
● If the detainee does not speak these languages, he or she must have a free interpreter.
● If you are illiterate or speak a language without written translation, you must receive oral translation.
8. Prohibition of retaliation
ICE may not retaliate against the complainant for complaining about violations of this order, either in his or her immigration case or in any other context.
9. Condition
The order is conditioned on the plaintiff posting a $10 bond by August 15, 2025 at 5 p.m.
Practical impact
● Protects all detainees at 26 Federal Plaza for the duration of the order, not just the plaintiff.
● Requires ICE to improve conditions, guarantee access to lawyers, and prevent overcrowding.
● It is a temporary measure, but it can be renewed if the judge grants the preliminary injunction later.
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