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New York NY — 26 Federal Plaza: Secret Detention Floors and Inhumane Conditions

New York, NY FIPS 36061
Current status: Bench trial in Barco-Mercado v. Noem held May 27, 2026 before Judge Lewis Kaplan (SDNY); Kaplan raised the possibility of barring ICE from using the 26 Federal Plaza holding cells at all rather than merely capping capacity. Internal ICE communications surfaced at trial showed staff calling conditions 'insane.' No final ruling as of May 28, 2026 — Kaplan signaled he may request additional evidence. Separately, on May 19, 2026 Judge P. Kevin Castel barred ICE from making non-criminal arrests inside the three NYC immigration courts (26 Federal Plaza, 290 Broadway, 201 Varick), reversing his own 2025 order after DOJ admitted ICE lacked authority for courthouse enforcement.

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
  • 2026-05-19: U.S. District Judge P. Kevin Castel (a Bush appointee who had greenlit the practice in 2025) issues a 15-page order barring ICE from arresting most immigrants inside the three Manhattan immigration courts — 26 Federal Plaza, 290 Broadway, and 201 Varick. Arrests are now allowed only under enumerated circumstances: a threat to national security or public safety, an imminent risk of violence, or an imminent risk of evidence destruction in a criminal case. The reversal followed DOJ’s March admission that a 2025 enforcement memo “does not and has never applied to civil immigration enforcement actions in or near” immigration courts
  • 2026-05-27: Bench trial held before Judge Kaplan. Advocates (Make the Road NY, Wang Hecker law firm, NYCLU) presented affidavits describing women humiliated after days covered in menstrual blood, pervasive smell of urine and feces, people sleeping sitting up. Evidence showed cells held 7-8x stated capacity in June-August 2025, regularly exceeding 100 people nightly, with 82% of detainees held more than 12 hours (cells designed for under 12 hours) and some held 20-30 days. Internal ICE messages surfaced: one staffer “concerned about the safety of everyone there,” another calling conditions “insane,” another writing “hopefully we don’t wait until something negative happens.” DHS had previously called the allegations “categorically false.” Kaplan raised whether ICE should be ‘permitted to use those facilities at all’ — signaling a possible shutdown remedy rather than a capacity cap. No final ruling issued; Kaplan said he may request additional evidence

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

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

This research is published at The RAMM — investigative reporting on the detention pipeline.
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Last updated: Jun 10, 2026