Overview

• U.S. District Judge Lewis Kaplan issued a preliminary injunction requiring ICE’s 26 Federal Plaza lockup to meet constitutional standards after finding overcrowded, unsanitary and inhumane treatment of detainees.
• The order mandates at least 50 square feet per person, three meals daily, sanitary products, sleeping mats or fresh bedding, and confidential access to lawyers for those held more than 24 hours.
• Kaplan declined to shut the site, saying ICE must either bring the hold rooms into compliance, adjust the flow of arrestees, or use facilities capable of humane housing.
• The ruling builds on an August temporary restraining order and cites affidavits and video evidence documenting detainees sleeping on floors and near open toilets without adequate food or hygiene.
• The court rejected ICE testimony that only eight people were held in August as unpersuasive regarding prior overcrowding, as related oversight litigation and congressional access lawsuits continue.