New York City is facing a major class action lawsuit after U.S. Immigration and Customs Enforcement (ICE) unlawfully detained foreign nationals, including individuals from Mexico, in city jails. The lawsuit has resulted in a staggering $92.5 million settlement, with approximately 20,000 immigrants eligible to submit compensation claims.
Settlement Details and Compensation
The law firms of Emery Celli Brinckerhoff Abady Ward & Maazel, LLP, and Benno & Associates, P.C. announced the settlement and opened the claims window on February 18, 2025. Plaintiffs in Onadia v. City of New York reached the $92.2 million settlement to compensate individuals who were wrongfully detained by the NYC Department of Correction. The claims window began on February 14, 2025, and will close on May 15, 2025.
Between April 1, 1997, and December 21, 2012, ICE issued immigration detainers, which were the sole reason for the wrongful detentions. An ICE detainer is a request for state and local law enforcement agencies to hold an individual for up to 48 business hours after their scheduled release to allow ICE to assume custody. However, many detainees were held far beyond this limit—some for weeks.
In total, individuals involved in the lawsuit were detained for an additional 166,000 days past their lawful release dates. Despite this, the City of New York denies any misconduct but has agreed to the settlement to compensate qualifying class members and cover legal fees.
Who Is Eligible and How Much Will They Receive?
Over 20,000 immigrants who were wrongfully detained are eligible for compensation. Qualifying individuals come from various countries, including:
Mexico
Cuba
Colombia
Trinidad and Tobago
Honduras
Guyana
The Dominican Republic
Haiti
Jamaica
Ecuador
Eligible immigrants will receive at least $10,000, with final settlement amounts based on the length and dates of their extended detentions. Some individuals may receive higher compensation. Notably, eligibility is not restricted to those currently residing in the U.S.; affected individuals who have returned to their home countries may also submit claims.
Legal and Constitutional Implications
Attorney Matthew D. Brinckerhoff, a partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP, emphasized that the U.S. Constitution guarantees that no individual—regardless of immigration status—can be detained without a warrant. He stated that those who violate constitutional rights will be held accountable.
Debra L. Greenberger, another partner at the firm, urged the media, community organizations, and individuals to spread awareness about the claims process to ensure all eligible parties receive their due compensation.
How to File a Claim
The claim process is simple, allowing eligible immigrants to receive $10,000 or more. Individuals who believe they qualify for compensation can submit their claims at www.NYCICEsettlement.com. Alternatively, they may email [email protected] or call 1-800-479-0810 for assistance.
This lawsuit serves as a landmark case in upholding constitutional protections and ensuring justice for immigrants who were wrongfully detained.
