The Fight

The 10th floor of 26 Federal Plaza — a federal government office tower in lower Manhattan — has operated as an ICE short-term detention facility holding people for hours or days in conditions described as squalid: cells packed beyond capacity, inadequate food and water, no beds, restricted attorney access. When advocates and a federal court began scrutinizing conditions there, ICE revealed it had also been using a previously undisclosed 9th floor for detention — a space the agency contended was outside the scope of court-ordered improvements. The case, Barco-Mercado v. Noem, has produced a preliminary injunction setting minimum standards and a full trial is set for May 26, 2026 before U.S. District Judge Lewis Kaplan.

Timeline

• 2025-08-11: Detainees describe “a lot of blood” and “terrible smells”; Judge Kaplan holds hearing and signals he may intervene
• 2025-09-17: Judge Kaplan issues preliminary injunction ordering ICE to provide meals, sanitary products, floor mats, bedding, and confidential attorney access for stays over 24 hours; sets minimum 50 square feet per person in holding rooms
• 2025-12-11: Judge Kaplan orders deposition of ICE New York Deputy Field Office Director (identified as William Joyce) after ICE’s compliance is questioned
• 2025-12 onward: Rep. Dan Goldman (NY-10) begins weekly unannounced oversight visits to 26 Federal Plaza; sues Trump administration after being denied access; court rules in his favor December 17, 2025
• 2026-02-09: ICE’s William Joyce, during depositions, discloses that ICE has been detaining people on a 9th floor — previously unknown to the court and litigants; government attorneys acknowledge the floor was not covered by Kaplan’s injunction; parties later agree to apply the injunction to all detention spaces in the building
• 2026-02-12: Rep. Goldman and Rep. Espaillat conduct first oversight visit to both the 9th and 10th floors; Goldman vows to return weekly
• 2026-03-25: Judge Kaplan sets trial date of May 26, 2026; slams ICE for “stalling” discovery
• 2026-04 onward: ICE denies Goldman entry, citing Secretary Noem’s new policy requiring 7 days’ advance notice, which contradicts the court’s prior ruling on congressional access rights

Key Actors

• Make the Road New York — lead plaintiff organization in Barco-Mercado v. Noem
• ACLU and NYCLU — co-counsel and amicus support
• Judge Lewis Kaplan (SDNY) — presiding judge; has repeatedly criticized ICE’s compliance posture
• William Joyce — ICE New York Deputy Field Office Director; disclosed the secret 9th floor in deposition
• Rep. Dan Goldman (NY-10) — conducting weekly congressional oversight visits; sued and won right to enter
• Rep. Adriano Espaillat — joined Goldman on February 12 inspection visit

Conditions

Documented conditions inside 26 Federal Plaza:

• Holding rooms with no beds, no sleeping mats (pre-injunction)
• Meals skipped or denied for extended periods
• Overcrowding — far below the 50 sq ft/person minimum required by Kaplan’s order
• Restricted or denied attorney access
• Sanitary products unavailable
• “A lot of blood” and “terrible smells” described by detainees in August 2025 hearings

Legal Theory

Barco-Mercado v. Noem alleges:

• First Amendment violations — denial of attorney access deprives detainees of the right to counsel and petitioning
• Fifth Amendment violations — punitive conditions of confinement without due process for civil (not criminal) detainees

Sources

• The City: ICE moved detainees to undisclosed floor of 26 Federal Plaza (Feb 9, 2026) — Breaks the secret 9th floor story; ICE admission in court
• The City: Judge slams ICE; trial set for May 26 (Mar 25, 2026) — Trial date and legal theories
• The City: Judge slams ICE for overcrowding (Sep 17, 2025) — Preliminary injunction details
• The City: Rep. Goldman visits secret holding cells (Feb 12, 2026) — First congressional inspection of both floors
• Goldman press release: Oversight of 26 Federal Plaza — Congressional perspective on conditions and access
• Courthouse News: Judge slams ICE for stalling (2026) — Kaplan’s frustration with ICE’s litigation posture
• City Limits: ICE ordered to address dehumanizing conditions (2025) — Preliminary injunction requirements