US District Judge Lewis A. Kaplan on Tuesday issued a temporary restraining order directing President Donald Trump’s administration to expand and sanitize holding areas for ICE detainees at 26 Federal Plaza in Manhattan, following a lawsuit filed by Peruvian immigrant Sergio Alberto Barco Mercado, citing cramped, unsanitary, and inhumane conditions.
Judge Kaplan mandated that, by August 26, detainees must be provided with larger, cleaner accommodations, each furnished with bedding mats and adequate hygiene supplies, and that these spaces be cleaned at least three times daily. He also ordered that detainees be given printed notice of their rights within one hour of detention, receive one additional meal per day, have access to bottled water, and be afforded private phone calls with counsel within 24 hours.
The lawsuit, brought by Barco Mercado and supported by organizations including the American Civil Liberties Union, New York Civil Liberties Union, and Make the Road New York, detailed appalling conditions: between 70 and 90 people confined in roughly 215 square feet, sleeping on concrete floors next to open toilets, lacking soap, clean clothes, toothbrushes, menstrual products, medical care, or attorney access.
Detainees described being fed two barely edible meals a day and enduring extreme temperatures and prolonged confinement in a facility not meant for extended stays. One former detainee recounted being sprayed with a few drops of water from a bottle held by a guard, “like we were animals.” The government somewhat conceded the accuracy of these claims—acknowledging limited medication access, lack of in-person legal visits, and absence of sleeping mats.
The Manhattan facility has become a flashpoint in immigration enforcement, following congressional complaints of secrecy and protests outside the building by civil and elected leaders. Advocates argue that such conditions undermine due process and basic human rights, prioritizing swift deportation over justice.
Judge Kaplan indicated that this short-term order would be swiftly followed by proceedings on a longer-term injunction and possible class-action certification, signaling broader implications for ICE detention policy under the Trump administration.