Last week, a federal judge ordered sweeping improvements at the 26 Federal Plaza immigration detention facility in New York City. These reforms are intended to improve the quality of life for detainees. This ruling comes after harrowing testimonies from impacted detainees. Sergio Alberto Barco Mercado, one of them, called the facility “overly overcrowded” and reeking of a smell like that of sewage. The judge’s ruling is an important step towards ending the facility’s inhumane treatment of those detained within its walls.
Personal testimony Barco Mercado testified about his experience when he was picked up on August 8. He went on to detail how the overcrowded conditions worsened a preexisting tooth infection, making his face swell up and changing his speech. He described what they went through in not even having the basics, saying, “We didn’t always receive adequate water.” One guard used to raise a bottle of water high for their benefit. They clustered around him and impatiently awaited his squirting liquid nitrogen into their mouths, like drugged monkeys. His testimony is indicative of the larger pattern of neglect that has caused many others to face life-threatening conditions while in the facility.
Overcrowding and Insufficient Resources
The situation inside the 26 Federal Plaza facility has caused a great deal of alarm among advocates and elected officials. Detainees filmed a smartphone video that showed almost two dozen men crammed into a single detention room. Most of them were stretched out on the ground, covered only by flimsy thermal blankets for heat—with not a mattress or cushion in sight. Even more troubling is that this overcrowding in and of itself is a direct violation of humane treatment standards.
As of Monday, authorities had 24 men and women in four separate holding rooms. This amount completely dwarfs the capacity that the court has ruled in previous years to be appropriate. Judge Lewis Kaplan granted the plaintiffs a temporary restraining order. He directed Immigration and Customs Enforcement (ICE) to reduce the amount of space per person to 4.6 square meters (50 square feet), reducing the capacity of the biggest room from more than 40 detainees to only 15.
Detainees further recounted troubling inconsistencies in the availability of hygiene products. Many lamented that they had no access to soap, toothbrushes or other necessary materials during their detention in the facility. One concrete example was particularly striking. A woman had to bleed through her period because she could only get two menstrual products for multiple women in her dorm room.
Court Mandates Immediate Changes
Responding to these alarming stories, Judge Kaplan ordered urgent changes at the detention center. ICE needs to thoroughly disinfect the holding cells at least three times a day. They should be expected to supply a sufficient number of hygiene items, including soap, bath towels, toilet paper, toothbrushes, toothpaste, and feminine hygiene items.
Each new holding room will be equipped with at least one toilet and sink. We’re doing this by augmenting health facilities with the hygiene supplies such as soap and teeth cleaning wipes. Once finalized, these changes will help restore some basic dignity and health standards for the people currently detained at 26 Federal Plaza.
Jeffrey S. Oestericher, a government lawyer, acknowledged the severity of the reported conditions, stating that “inhumane conditions are not appropriate and should not be tolerated.” He further emphasized the shared belief among officials regarding the need for humane treatment within immigration facilities: “I think we all agree that conditions at 26 Federal Plaza need to be humane.”
Broader Implications for Immigration Policy
The situation at 26 Federal Plaza has become emblematic of larger issues surrounding immigration enforcement under President Donald Trump’s administration. Though New York has passed the worst of the immediate crisis, significant challenges still lie ahead. At the same time, immigrant rights advocates are calling for systematic changes in every detention center.
In happier news Barco Mercado has finally been let out of 26 Federal Plaza. He’s currently held at a high security facility in upstate New York. His experience makes clear that comprehensive changes are needed throughout the immigration detention system across the country.
