Claims Period Opens for Immigrants Unlawfully Detained by ICE as Part of Settlement in NYC

New Claims Period for Immigrants Affected by ICE Detention

On February 18, 2025, the law firms Emery Celli Brinckerhoff Abady Ward & Maazel, LLP and Benno & Associates, P.C. announced the opening of the claims period for immigrants unlawfully detained by U.S. Immigration and Customs Enforcement (ICE) in New York City jails. This initiative springs from a class-action lawsuit against the City of New York, which resulted in a significant settlement of $92.5 million. The claim window remains open until May 15, 2025, providing an opportunity for eligible individuals to seek compensation.

Background of the Lawsuit

The lawsuit, known as Onadia v. City of New York, was initiated by individuals who were held in custody beyond their scheduled release dates due to immigration hold requests from ICE. These requests often led to illegal detentions that lasted longer than allowed, with the city taking responsibility for its actions but denying any wrongdoing through a settlement agreement.

In total, over 20,000 individuals who experienced unlawful detentions between April 1, 1997, and December 21, 2012, may be entitled to compensation. These individuals hail from various nations, including Mexico, the Dominican Republic, Haiti, Jamaica, Ecuador, Cuba, Colombia, Trinidad and Tobago, Honduras, and Guyana.

Eligibility for Claims

To qualify for the settlement, individuals must have been detained in New York City jails due to an ICE immigration hold, regardless of their current immigration status or where they currently reside. This ensures that even those who have been repatriated back to their home countries or have left the U.S. can still submit their claims.

Claimants may receive payments starting at $10,000, depending on the duration and circumstances surrounding their illegal detention. Affected individuals can submit claims online at NYCICEsettlement.com or contact the claim support line at 1-800-479-0810 for further assistance.

The Importance of This Announcement

Matthew D. Brinckerhoff, a partner at Emery Celli, emphasized the constitutional protections against wrongful detention that apply to everyone within the U.S., regardless of immigration status. He stated that the case highlights the importance of upholding these rights and that accountability must be established for those who choose to disregard the Constitution.

Debra L. Greenberger, another partner at the firm, appealed for public assistance from media and community organizations to help disseminate this crucial information to potential claimants. The straightforward claims process aims to provide eligible individuals with substantial financial relief amid a tumultuous immigration landscape.

Conclusion

As the claims period for this historic settlement continues, it serves as a reminder of the ongoing struggles faced by countless immigrants in the U.S. The implications of this case extend beyond monetary compensation; it reinforces the essential need to respect and protect the rights of all individuals against unlawful detainment.