| In Case Over 26
Fed Plaza 10 Floor Conditions
Now 5 Floor Inspection Can
Photos But Sealed
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
March 6 รข€“ 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." On March 6,
"ORDER : This class action
concerns the conditions of
confinement of Immigration and
Customs Enforcement ("ICE")
detainees at ICE's facilities
at 26 Federal Plaza. Plaintiff
is to carry out a Rule 34
inspection of those facilities
on March 9, 2026. In some
respects the parties have
agreed on the parameters of
that inspection. They disagree
as to others. Plaintiff
therefore moved late last
night for an order to permit
plaintiff to bring a camera
and take photographs during
the inspection, to permit
plaintiff's expert to speak
with staff and detained
individuals during the
inspection, and to permit
plaintiff to visit and inspect
the fifth floor of26 Federal
Plaza in view of recent
reports that families with
children are detained there.
The Court has considered
written submissions from both
sides and heard argument this
morning. Accordingly, it
resolves plaintiff's motion as
follows: 1. Defendants shall
permit plaintiff to bring a
photographer to the inspection
and to photograph the
facilities. Unless otherwise
ordered, all photographs taken
shall be marked as
confidential and attorneys'
and experts' eyes only
pursuant to the existing
protective order. Plaintiff's
counsel shall take possession
of storage media containing
all digital image files (or,
in the highly unlikely event
that analog rather than
digital images are made,
negatives or transparencies)
created during the inspection,
provide a copy of those files
or analog media to defendants'
counsel, and otherwise retain
them pending further order of
the Court. 2. Plaintiff's
expert shall be permitted to
speak with detained
individuals provided that the
persons spoken to first are
advised that they have no
obligation to answer any
questions. 3. Plaintiffs
expert shall not speak with
members of ICE's staff except
in the presence of and to the
extent permitted by
defendant's counsel. The Court
does not contemplate
substantive interviews of ICE
staff, but anticipates that
some questions about the
facilities and related matters
are likely to prove
unobjectionable. In the event
of material disputes that
cannot be resolved by common
sense and reason, the Court
will endeavor to be available
by telephone. 4. In all the
circumstances, defendants
shall permit the inspection of
and photography on the fifth
floor. SO ORDERED. (Signed by
Judge Lewis A. Kaplan on
3/6/2026) 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 Mail: Box 130222, Chinatown Station,
NY NY 10013 Reporter's mobile (and weekends): 718-716-3540 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis. Copyright 2006-2025 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com |
Saturday, March 7, 2026
In Case Over 26 Fed Plaza 10 Floor Conditions Now 5 Floor Inspection Can Photos But Sealed
