Federal Judge Issues Permanent Injunction Over 'Dreadful' ICE Detention Conditions at 26 Federal Plaza

U.S. District Judge Lewis Kaplan issued a 127-page permanent injunction on Thursday, September 24, 2026, in a class action brought by Make the Road New York against ICE's detention conditions at 26 Federal Plaza in Lower Manhattan. Kaplan found detainees were held in 'dreadful' and 'squalid' conditions — jammed into holding rooms far beyond capacity, sleeping upright or next to toilets, denied adequate food, water, medical care, and legal counsel — and that ICE had 'intentionally concealed or recklessly disregarded the truth' about its compliance with his prior orders, calling the treatment 'inhumane and unconstitutional' and designed to 'inflict punishment on detainees and induce them to self-deport.' Internal ICE emails cited in the ruling described monkeypox and tuberculosis outbreaks at the facility, with one official writing, 'This week has been one gross contagion after another.' The permanent order requires ICE to cap occupancy at one detainee per 50 square feet, provide clean bedding and hygiene supplies within a day of intake, on-site medical screening before placement in holding rooms, private attorney phone access within 24 hours (with a first legal call within one hour), pillows, and dimmed nighttime lighting. DHS did not immediately comment.