#United States #New York #NYC Detention #ICE Settlement #Immigration Rights

Class Action Settlement for Immigrants in NYC

The claims period for a significant class action settlement is now open, providing an opportunity for immigrants unlawfully detained in New York City jails to secure compensation. This settlement, amounting to a substantial $92.5 million, was reached following the lawsuit titled Onadia v. City of New York. The claim allows over 20,000 individuals affected from April 1, 1997, to December 21, 2012, to apply for compensation due to unlawful detention solely based on ICE (Immigration and Customs Enforcement) immigration detainers.

Overview of the Settlement

The law firms representing the class, Emery Celli Brinckerhoff Abady Ward & Maazel, LLP and Benno & Associates, P.C., emphasized that despite the City of New York denying any liability, authorities agreed to establish a fund to facilitate payments to those impacted. The claims period is open until May 15, 2025, and eligible individuals can receive $10,000 or more, depending on the duration and timing of their unlawful detention.

Who Can Claim?

This settlement primarily benefits individuals who were held in detention beyond their scheduled release dates due to ICE detainer requests. The affected individuals include immigrants from various countries, including but not limited to Mexico, the Dominican Republic, Haiti, Jamaica, and several others. Notably, eligibility is not contingent on current residency in the United States — anyone detained unjustly during the specified period can file a claim regardless of their present location.

How to File a Claim

For those who believe they are part of this class, the claims process is straightforward. Individuals must visit the official settlement website at https://www.NYCICEsettlement.com/ or contact the provided helpline at 1-800-479-0810 for assistance. Ensuring that eligible claims are filed promptly is crucial, given the sensitive nature of the circumstances leading to these detentions.

Understanding ICE Detainers

ICE detainers are requests made to local law enforcement to hold individuals for a maximum of 48 hours beyond their scheduled release. Unfortunately, many detainees remained locked up for several days or even weeks longer due to these requests. The overall duration of unlawful detention spanned more than 166,000 days among the claimants.

Matthew D. Brinckerhoff, one of the partners from Emery Celli Brinckerhoff Abady Ward & Maazel LLP, iterated the importance of constitutional protections for all individuals in the U.S., asserting that detained individuals deserve accountability when their rights are violated.

Debra L. Greenberger, another partner at the firm, called upon the community and media to assist in spreading the information widely to ensure that potential class members can file their claims effectively. The fund's availability presents a significant opportunity for affected individuals to receive financial restitution.

The Path Forward

This settlement highlights a critical juncture in immigration law and civil rights, reflecting a broader commitment to rectify the wrongs associated with unlawful detentions. As the deadline for claims approaches, it is vital for communities, organizations, and individuals to unite in support of those who have been impacted by such policies. Filing a claim could mean not only financial relief but also a step toward acknowledging and addressing the injustices faced by immigrants in detention.

In conclusion, this class action settlement represents a significant step towards justice and accountability in the American immigration system. All eligible parties are encouraged to take action and participate in this claims process, ensuring fairness and recognition for their hardships experienced during periods of unlawful detention.