Over the past decade, the number of individuals detained by U.S. Immigration and Customs Enforcement (ICE) has spiked throughout cities across the United States. Furthermore, with the recent change in administration and increasing anti-immigrant sentiment, ICE raids and inhumane detention conditions have received growing public scrutiny.

With the growing number of individuals detained in ICE custody, there has also been a corresponding increase in the number of reports of horrific conditions in ICE detention centers, abusive treatment by ICE officers, lack of access to medical care, and even an increase in deaths among detainees.

As a result of the inhumane conditions in ICE detention centers, families throughout the United States not only have to deal with their loved ones traumatically being taken from them, but they also must confront the fact that their loved ones may be placed in situations where they are exposed to serious risk of injury and harm.

If you or a loved one has suffered physical injury, sexual abuse, or even death while detained in ICE custody, speak with a New York ICE Misconduct and Brutality attorney today to protect your rights.

New York ICE Detention Centers

Since 2024, ICE detention in New York has increased sixfold, which has tragically impacted New York’s vibrant immigrant community. Both federal and local New York prisons and jails, which have a history of dangerous conditions and violent treatment towards incarcerated individuals, are being used to house ICE detainees for extended periods of time.

According to U.S. Immigration and Customs Enforcement, ICE oversees four facilities in New York:

• Buffalo (Batavia) Service Processing Center
• Clinton County Jail
• Metropolitan Detention Center (MDC) Brooklyn
• Orange County Jail

However, ICE also maintains contracts with city, county, and private prison facilities to detain people. In New York, ICE reportedly maintains contracts with the following county facilities:

• Allegany County Jail
• Broome County Jail
• Montgomery County Jail
• Nassau County Correctional Center
• Niagara County Jail

Lastly, ICE also oversees a holding center located at 26 Federal Plaza in Manhattan, NY. 26 Federal Plaza, which is different than a detention center, has come under scrutiny for detaining people for weeks at a time without providing access to showers or medication, and for forcing detainees to sleep on the floor. Following complaints of the horrific conditions at 26 Federal Plaza, a U.S. District Court ordered ICE to provide access to hygiene, sleeping mats, soap, and confidential legal calls this September.

While judges and lawmakers have made important strides in advancing the rights of ICE detainees, much more remains to be done. Notably, immigrants being held in ICE detention are not subject to the same administrative oversight as people incarcerated in prison because ICE reportedly does not adequately maintain records of complaints made by detainees, making it difficult to identify systematic failures in their facilities.

As a result, immigrants being held at detention centers or county jails in New York and around the country may be exposed to an increased risk of harm or sustaining serious injury due to the conditions discussed above, including the lack of access to timely medical care.

Reports of Inhumane Conditions in ICE Detention Centers

Unfortunately, reports of dangerous and substandard conditions in ICE detention centers date back to the early 2000s. Notably, it was only in 201 that ICE began collecting data regarding deaths within their facilities, and reports show that several detainees who died while in ICE custody died due to preventable reasons or suffered premature deaths.

Furthermore, a study conducted by the Human Rights Watch in 2018 revealed that the following systematic failures present in ICE facilities may put detainees at risk of harm:

• Presence of unqualified medical staff
• Delays in emergency responses
• Delayed responses to detainee requests for medical care
• Inadequate mental health care

Civil Rights Lawyers at the Jacob D. Fuchsberg Law Firm have observed nearly identical conditions in prisons and jails throughout New York and the United States, which have tragically contributed to serious injury and even death among detainees.

Markedly, a significant contributor to the variation in the quality of care provided by ICE facilities is the lack of consistent contracts among the facilities regarding what type of medical care should be provided to detainees. Since ICE maintains contracts with so many different facilities at the city, county, and state level, there is a lack of consistency in the quality of care ICE detainees are subject to.

Legal Remedies Available to Detainees Injured in ICE Custody

ICE detainees are not subject to the same rules that govern conditions of confinement as inmates are, thus the legal remedies available to ICE detainees are different than those available to inmates.

The Immigration and Nationality Act (INA) requires that federal immigration officials establish “acceptable conditions of confinement” for ICE detainees, and there are two standards which generally govern the conditions ICE detainees are subject to:

1. National Detention Standard (NDS): The NDS applies to facilities where both inmates and ICE detainees are held.
2. Performance Based Needs Detention Standards (PBDNS): PBDNS apply to facilities exclusively dedicated to immigration detention.

Although both standards proport that detainees should have access to food, medical care, hygiene, and legal materials, these standards are not legally binding. Furthermore, ICE contracts with local jails are individually negotiated, which introduces further variation in the standards related to conditions of confinement applicable to ICE detainees.

To hold an ICE detention center accountable for an injury sustained by a detainee due to the conditions of their confinement, the detainee may be able to bring forward a negligence claim against the facility, similar to individuals suing federal jails. For cases involving inadequate medical treatment rendered to a detainee, the detainee can show that the detaining authority knew of and disregarded an excessive risk to their health or safety.

Because immigration detainees are classified differently from incarcerated people, when pursuing a constitutional claim, courts have held that detainees can assert Fifth Amendment claims. For detainees held in state, county, or local facilities, they may also assert State tort claims applicable to ICE detainees, however various deadlines may apply, so it is best to consult an immigration rights lawyer as soon as possible.

Lawyers Representing Injured Detainees in ICE Custody

If you or a loved one has been injured while in ICE custody, speak with an experienced civil rights lawyer today to discuss your rights. The civil rights lawyers at the Jacob Fuchsberg Law Firm have experience successfully representing individuals in custody who have been injured due to medical neglect, sexual abuse, or attacks while in detention.

We can help when the unimaginable happens.

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