by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Feb 9 – A 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 Lewis A. Kaplan, who held an oral argument on August 12. 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 September 8 plaintiff's counsel filed full 11 page memo of law on Patreon here
On September 16 Judge Kaplan issued a preliminary injunction.
On November 25 plaintiffs' counsel filed a motion for contempt and sanctions, saying the injunction has not been complied with. They seek a monitoring mechanism and attorneys' fees.
On February 9 Judge Kaplan held a conference in a largely empty courtroom. The Assistant US Attorney asked for more than 30 days; Judge Kaplan replied that ICE has billions of dollars.
The petitioners' lawyer said respondent Joyce disputes that the orders apply to detainees elsewhere in 26 Federal Plaza.
The AUSA said detainees are held for up to 12 hours on the 9th floor when the 10th floor hits the capacity of 22. Judge Kaplan said he'll leave asking for relief up to the petititioners, sanctions reply due February 27, discovery (and agreement on inspecting 26 Fed) with a deadline of March 16.
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)
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