by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Sept 4 – A putative class action was filed on August 8 over immigration enforcement conditions in 26 Federal Plaza. (Inner City Press on that day covered the courtrooms on the 12th floor and the ICE activities just outside).
The case was assigned to US District Court for the Southern District of New York Judge Gregory H. Woods at Part 1, who on late on August 8 ruled that "the Court anticipates that on August 11 a hearing to discuss the application for the entry of the requested provisional injunctive relief will be scheduled."
On August 11 the case was assigned to Judge Lewis A. Kaplan, who then ruled that defendants' paper opposing at TRO are due by 5 pm on August 11, with oral argument set for August 12 at 10 am.
The listen only call in line did not work, but thankfully now a transcript, on DocumentCloud here. Judge Kaplan mused about 50 square feet per person and increased and more private legal calls, with a TRO order to follow.
And at 4 pm the TRO issues, on square footage, legal calls and more, Order here
On August 13 the US Attorney's Office wrote in that "providing toothbrushes, rather than teeth cleaning wipes, presents a potential safety concern for other aliens in custody as well as ICE personnel because toothbrushes can be readily improvised as weapons. Accordingly, Defendants have been providing teeth cleaning wipes to detainees instead...
ICE is unable to provide interpreter services for confidential attorney phone calls due to a lack of resources and a lack of a contract for such services, as the agency has never been required to provide this service even in long-term facilities. Accordingly, Defendants have not been able to provide this service. "
On September 4, Judge Kaplan ordered briefing on his continuing jurisdiction: "ORDER DIRECTING FURTHER BRIEFING AND EXTENDING TEMPORARY RESTRAINING ORDER: "[F]ederal courts have an independent obligation to... raise and decide jurisdictional questions that the parties either overlook or elect not to press." Henderson ex rel. Henderson, Shinseki, 562 U.S. 428, 434 (2011). The Court notes that the plaintiff in this putative class action was transferred from 26 Federal Plaza to the Orange County Jail and thus appears not now to be detained in the holding rooms at the former location. While defendants have not contested the subject matter jurisdiction of this Court, the Court is obliged to raise the issue sua sponte and requires the patties to brief the issue before rendered decisions on the pending motions. Accordingly, parties shall brief the questions whether the Court has subject matter jurisdiction over the claims of plaintiff Mercado and, if not, whether it nevertheless has such jurisdiction over the claims asserted on behalf of the putative class. Plaintiffs brief shall be filed at or before 5 p.m. on September 8, 2025, defendants' response at or before 5 p.m. on September 11, 2025, and plaintiffs reply brief at or before 5 p.m. on September 13, 2025. In view of the need for this further briefing, the temporary restraining order, as previously extended, is hereby further extended to and including 11:59 p.m. on September 18, 2025. SO ORDERED."
From Inner City Press' August 8 report:
There are a dozen ICE officers with masks over their faces in front of Courtroom 1237 in 26 Federal Plaza. In the hall outside the media is allowed to stand, waiting.
On the morning of August 8, Inner City Press was there when a Latino family came out of the courtroom. A woman was crying, asking "porque?" as she was comforted and taken down a short hallway away from the click of the cameras.
"Did they grab somebody?" a journalist asked, without answer.
ICE officer told journalists and photographers to stand to the side as the family passed: a man pushing a stroller, a toddler in a blue Oxford cloth shirt, and the crying woman.
"Please get against the wall," one of the ICE agents told reporters.
There are no overflow courtrooms, allowing the Press to observe the cases, and little transparency.
The judges in the courtrooms in 1237 appear to be named Sponzo, Harbeck, Sagesse and Nasser - no first names on the sign.
Instead, a sign says "A message to illegal aliens: A warning to self-deport."
More on X for Subscribers here and Substack here
The case is Barco Mercado v. Noem, et al., 1:25-cv-6568 (Kaplan)
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
