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New York City, August 13, 2025 — U.S. District Judge Lewis A. Kaplan has issued a temporary restraining order mandating urgent improvements to the conditions at the Immigration and Customs Enforcement (ICE) holding facility located at 26 Federal Plaza in Manhattan. The ruling follows a lawsuit filed by Peruvian immigrant Sergio Alberto Barco Mercado, who alleged that detainees were subjected to overcrowded, unsanitary, and inhumane conditions.
🧾 Court-Ordered Reforms
In his ruling, Judge Kaplan directed the Trump administration to implement the following changes by August 26:
- Provide larger, cleaner accommodations for detainees
- Furnish each space with bedding mats and adequate hygiene supplies
- Ensure facilities are cleaned at least three times daily
- Deliver printed notice of detainees’ rights within one hour of detention
- Offer one additional meal per day and access to bottled water
- Guarantee private phone calls with legal counsel within 24 hours of detention
🚨 Allegations of Abuse and Neglect
The lawsuit, supported by the American Civil Liberties Union (ACLU), New York Civil Liberties Union, and Make the Road New York, described harrowing conditions inside the facility:
- 70–90 detainees confined in a space of approximately 215 square feet
- Detainees sleeping on concrete floors next to open toilets
- Lack of soap, clean clothing, toothbrushes, menstrual products, and medical care
- Limited access to legal representation and barely edible meals
- Reports of extreme temperatures and degrading treatment, including one account of a guard spraying a detainee with water “like we were animals”
Government attorneys conceded aspects of the complaint, acknowledging the absence of sleeping mats, limited medication access, and lack of in-person legal visits.
📍 Facility Under Scrutiny
The Manhattan ICE facility has become a focal point of criticism in immigration enforcement, drawing protests from civil society groups and elected officials. Congressional complaints have highlighted the lack of transparency and oversight, while advocates argue that such conditions violate due process and human rights.
🔍 Broader Legal Implications
Judge Kaplan signaled that this temporary order may be followed by proceedings for a longer-term injunction and class-action certification, potentially reshaping ICE detention standards nationwide.
Excerpts from jurist.org article by Georgia Green | Newcastle Law School, AU
