Federal Judge Makes Limits on ICE Hold Rooms at 26 Federal Plaza Permanent
Immigration court: New York Immigration Court · New York Immigration Courts
On September 24, 2026, U.S. District Judge Lewis A. Kaplan of the Southern District of New York issued a Final Judgment of Permanent Injunction in Barco Mercado v. Mullin, No. 25-cv-6568 (LAK). The order sets binding minimum conditions for anyone held by U.S. Immigration and Customs Enforcement (ICE) in the hold rooms at 26 Federal Plaza in Manhattan, the building that also houses the New York – Federal Plaza Immigration Court. The same day, the court filed a 127-page opinion that certifies a class of all immigration detainees who are or will be held by ICE at 26 Federal Plaza.
This is general information about a court order, not legal advice. The primary sources are the court's opinion (opens in new tab) (ECF 186) and the final judgment (opens in new tab) (ECF 187).
What the court found
The opinion says most of the plaintiff's witnesses "were detained by ICE after they attended routine hearings in immigration court at 26 Fed," most of them between June 11 and August 12, 2025. The court described people held for days in crowded hold rooms, and concluded that the conditions ICE imposed at 26 Federal Plaza "during the summer of 2025 were inhumane and unconstitutional."
On access to lawyers, the court wrote that "26 Fed essentially was a black site before this Court issued the TRO and PI." The court granted a temporary restraining order on August 12, 2025, and a preliminary injunction on September 17, 2025. The new judgment converts that preliminary injunction into a permanent one. The court explained that ICE's ongoing noncompliance, and the risk that it could happen again as arrests rise, "prove that a permanent fix is needed."
What the permanent injunction requires
The judgment applies to anyone ICE holds at 26 Federal Plaza in any hold room or other space they are not free to leave, including the fifth, ninth and tenth floors. Among its terms:
- Space: at least 50 square feet per person, not counting floor area within eight feet of a toilet. The judgment sets room-by-room occupancy caps for the ninth- and tenth-floor hold rooms.
- Sleep: a clean bedding mat or mattress, a pillow and a blanket for each person held overnight, and lights dimmed from 9:00 p.m. to 7:00 a.m.
- Temperature and cleaning: rooms kept between 68 and 74 degrees Fahrenheit and cleaned thoroughly at least three times a day, with soap, toilet paper, hygiene products and, where women are held, feminine hygiene products.
- Food and water: three meals a day that meet U.S. recommended dietary allowances, about six hours apart, each with a bottle of water, and respecting dietary and religious restrictions.
- Medical care: a basic medical screening by a licensed medical professional before anyone is placed in a hold room, a licensed medical professional on site at all times, and continued access to prescribed medication.
- Calls to lawyers: free, confidential, unmonitored and unrecorded calls to counsel or prospective counsel in a private room, with interpretation available, within one hour of arriving at the hold rooms. Attorney requests for calls must be met within set time limits.
- Notice of Rights: a printed notice in English and Spanish, with an interpreter for people who speak neither language. The parties must submit a proposed form of the notice by October 1, 2026.
- Locating detainees: ICE's Online Detainee Locator must show a person's location in near real time, and no later than three hours after a transfer into or out of 26 Federal Plaza.
- No retaliation against class members, witnesses or declarants for reporting violations or conditions, including in their immigration proceedings.
What to do if you have a hearing at 26 Federal Plaza
- Keep going to court. Missing a hearing can lead to an order of removal in absentia. Check your hearing date, time and location through EOIR's Automated Case Information (opens in new tab) portal.
- Keep your address current with the court on Form EOIR-33 within five days of a move (8 CFR 1003.15(d)(2) (opens in new tab)), so you receive every notice.
- Carry your lawyer's name and phone number, and make sure your family has your A-number. If someone is detained after a hearing, the injunction requires ICE to allow a confidential call to a lawyer within one hour of arrival in the hold rooms.
- Prepare for bond. If a relative is taken into custody, read our guide to bond hearings and immigration detention and our overview of immigration detention.
If you or a family member has a case at the Federal Plaza court, Carlos Maury, a former U.S. Immigration Judge, and our team can review where the case stands. Contact us or call (213) 769-0050.
Frequently asked questions
Who is protected by the permanent injunction?
The court certified a class of all immigration detainees who are detained, or will be detained, by ICE at 26 Federal Plaza, New York, NY.
How much space must each person have?
At least 50 square feet per person, not counting floor area within eight feet of a toilet. The judgment also sets occupancy caps for specific ninth- and tenth-floor rooms.
Can a detained person call a lawyer?
Yes. The judgment requires free, confidential, unmonitored calls to counsel or prospective counsel within one hour of arriving at the hold rooms, and sets deadlines for scheduling calls that attorneys request.
Does this order decide anyone's immigration case?
No. It governs conditions and access to counsel at 26 Federal Plaza. Each person's case is still decided in immigration court; see our guide to removal proceedings.
This article is general legal information about a federal court order, not legal advice, and does not create an attorney–client relationship. Read the opinion (opens in new tab) and the final judgment (opens in new tab) for the full terms, and consult a qualified attorney about your specific situation.
Related service: Immigration bond lawyer