Judge Slams ICE for Hiding Immigrant Detention Areas

Federal judge accuses ICE of 'stalling' and concealing detention facilities from the court.

Published on Feb. 9, 2026

A federal judge in Manhattan was shocked to learn that Immigration and Customs Enforcement (ICE) has been holding detainees on floors of a facility that were not disclosed to the court. The judge criticized ICE for 'stalling' the production of discovery related to how immigrants are treated at the 26 Federal Plaza detention center, where detainees have reported overcrowding, unsanitary conditions, and civil rights violations.

Why it matters

This case highlights ongoing concerns about transparency and accountability in the immigration detention system, as well as questions around ICE's compliance with court orders and its treatment of detainees. The judge's reaction suggests a breakdown in communication and potential abuse of power by the agency.

The details

ICE has been ordered to limit the number of detainees held on the 10th floor of the 26 Federal Plaza facility. To get around this, the agency started holding people on the 9th floor as well, without informing the court. Many detainees claim they were held for days without access to basic necessities like clean clothes, edible food, and communication with their attorneys.

  • On Monday, the federal judge learned of ICE's undisclosed detention areas.
  • ICE has been under a court order to limit the number of detainees on the 10th floor since an earlier ruling.

The players

U.S. District Judge Lewis Kaplan

A federal judge appointed by former President Bill Clinton, known for presiding over a civil defamation case against former President Trump.

Immigration and Customs Enforcement (ICE)

The federal law enforcement agency responsible for immigration detention and enforcement.

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What’s next

The judge has invited plaintiffs in the case to apply for an injunction that would apply to the entire 26 Federal Plaza building, rather than just the 10th floor.

The takeaway

This case highlights ongoing transparency and accountability issues within the immigration detention system, as well as concerns about ICE's compliance with court orders and its treatment of detainees. The judge's reaction suggests a need for greater oversight and reform to ensure humane conditions and due process for those in ICE custody.