NEW YORK, NY  – Under a legal settlement presented to the court today by ECBAWM and Benno & Associates, P.C., New York City has agreed to pay up to $92.5 million to resolve claims by individuals who were unlawfully detained by the NYC Department of Correction between April 1, 1997 and December 21, 2012. The Settlement allows more than 20,000 Class Members detained beyond their scheduled release dates on the basis of U.S. Department of Immigration and Customs Enforcement (ICE) detainer requests to seek a Settlement award. Depending on the length and date of their overdetention, Class Members may be eligible to receive awards of up to tens of thousands of dollars. The Settlement received preliminary approval by Justice Danziger of the New York State Supreme Court today.

ICE detainers are requests issued to state and local law enforcement agencies to hold an individual for up to 48 business hours beyond their scheduled release so ICE can take custody of the immigrant. In some cases, however, individuals were detained for days or weeks beyond that two-day period. For example, Oscar Onadia, who filed this lawsuit in February 2010, was held in jail for 41 days after he had already completed a five-day sentence for unlicensed driving. Together, Class Members–some now living the United States, others living in countries including Mexico, the Dominican Republic, Haiti, Jamaica, Ecuador, Cuba, Colombia, Trinidad and Tobago, Honduras, and Guyana–were detained more than 166,000 days beyond their scheduled release dates.

Detainers impose double punishment on immigrants alone by forcing them into the ICE detention system after they have already served their sentences. Moreover, ICE makes mistakes and places ICE hold requests on U.S. Citizens and those with legal status who are not deportable. New York City has largely stopped honoring ICE detainer requests. The City’s prior practice was criticized because it discouraged immigrants from cooperating with law enforcement to solve crimes due to fear of being reported to ICE. New York courts have also made clear that the City could not lawfully hold people based on ICE detainers because ICE detainers do not establish probable cause that a crime was committed.

“We are proud to bring a measure of justice to the individuals who experienced a loss of liberty and a disruption of their lives due to this unwarranted and excessive detention,” said Debbie Greenberger, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. “This Settlement should be a reminder that all individuals are entitled to due process of law.”

If you believe you are in the Class of individuals covered by this Settlement, please visit https://www.NYCICEsettlement.com/.

The plaintiff class is represented by ECBAWM attorneys Debbie Greenberger, Matthew Brinckerhoff, and Vasudha Talla, and paralegal, Carlos Martinez-Montes.

Press:
“New York City to Pay $92.5 Million to Improperly Detained Immigrants,” The New York Times.