New York City Immigrants to Receive $93M Settlement for Unlawful Detention
New York City has reached a groundbreaking agreement to pay a staggering $92.5 million to over 20,000 undocumented immigrants who were unlawfully detained beyond their scheduled release from city jails. This settlement comes after claims that some immigrants were held for weeks at a time, allowing federal immigration enforcement officers to take them into custody for deportation proceedings. The money will be distributed to a class of immigrants detained by the Department of Correction between April 1, 1997, and Dec. 21, 2012, with payouts based on the length of their “overdetention.”
Settlement Details
Under the terms of the settlement, which received preliminary approval from State Supreme Court Justice Mitchell J. Danziger, one detainee who was held an extra 41 days after completing a five-day sentence for unlicensed driving is set to receive a minimum payout of $25,000. In total, the immigrants were collectively held over 166,000 days beyond their scheduled release, according to lawyers representing the plaintiffs.
Legal Ramifications
This settlement highlights the constitutional challenges that can arise when local governments collaborate with U.S. Immigration and Customs Enforcement officers to detain immigrants. Despite no admission of wrongdoing from the city, the Law Department emphasized that compliance with ICE detainers was previously assumed to be mandated under federal law. However, court rulings later clarified that localities could not hold detainees past their release date without a court order.
Finding Recipients
Lawyers for the plaintiffs anticipate difficulties in locating class members eligible for the settlement funds, as some immigrants are now living in various countries worldwide. From the Dominican Republic to Trinidad and Tobago, individuals impacted by the overdetention may face challenges in accessing their share of the settlement. To facilitate the process, potential class members are encouraged to visit NYCICEsettlement.com to submit a claim.
This settlement serves as a significant reminder of the importance of upholding due process rights for all individuals, regardless of their immigration status. As the city navigates the complex landscape of immigration enforcement, efforts to rectify past injustices and ensure fair treatment for all residents remain at the forefront of the legal discourse.
