Under a legal settlement presented to the court today by the law firms of Emery Celli Brinckerhoff Abady Ward & Maazel, LLP and Benno & Associates, P.C., New York City has agreed to pay up to $92.5 million to resolve claims by individuals who were unlawfully detained by the NYC Department of Correction between April 1, 1997 and December 21, 2012. The Settlement allows more than 20,000 Class Members detained beyond their scheduled release dates on the basis of U.S. Department of Immigration and Customs Enforcement (ICE) detainer requests to seek a Settlement award. Depending on the length and date of their overdetention, Class Members may be eligible to receive awards of up to tens of thousands of dollars. The Settlement received preliminary approval by New York State Supreme Court today.

ICE detainers are requests issued to state and local law enforcement agencies to hold an individual for up to 48 business hours beyond their scheduled release so ICE can take custody of the immigrant. In some cases, however, individuals were detained for days or weeks beyond that two-day period. For example, Oscar Onadia, who filed this lawsuit in February 2010, was held in jail for 41 days after he had already completed a five-day sentence for unlicensed driving. Together, Class Members — some now living the United States, others living in countries including Mexico, the Dominican Republic, Haiti, Jamaica, Ecuador, Cuba, Colombia, Trinidad and Tobago, Honduras, and Guyana — were detained more than 166,000 days beyond their scheduled release dates.

Detainers impose double punishment on immigrants alone by forcing them into the ICE detention system after they have already served their sentences. Moreover, ICE makes mistakes and places ICE hold requests on U.S. Citizens and those with legal status who are not deportable. New York City has largely stopped honoring ICE detainer requests. The City’s prior practice was criticized because it discouraged immigrants from cooperating with law enforcement to solve crimes due to fear of being reported to ICE. New York courts have also made clear that the City could not lawfully hold people based on ICE detainers because ICE detainers do not establish probable cause that a crime was committed.

Frank Barker knows all too well how devastating illegal ICE detainers can be. Barker, who is 58 and lives in the Bronx, was brought to the United States as a legal resident at the age of 9 from Barbados. After struggling with drug addiction and being arrested in 2008, Barker served an eight-month sentence at Rikers and was then picked up by ICE and held for a year at an ICE detention center.

“The United States has been my home for as long as I can remember. It’s where I’ve raised my family and built a career, and I do everything I can to give back to this community. As someone who has lived in fear of ICE and who lost a year of his life to being detained, I applaud this lawsuit and encourage anyone who has experienced similar treatment or who has a family member or friend who has been impacted by this, to take action to be included in this class,” said Barker.

Under the terms of the agreement in Onadia v. City of New York, the City of New York denies liability but has agreed to establish a Class fund of up to $92.5 million to compensate Class Members and pay attorneys’ fees and Settlement costs. Settlement payments will be determined by the date and length of time a Class Member was overdetained.

“We are proud to bring a measure of justice to the individuals who experienced a loss of liberty and a disruption of their lives due to this unwarranted and excessive detention,” said Debra L. Greenberger, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. “This Settlement should be a reminder that all individuals are entitled to due process of law.”

If you believe you are in the Class of individuals covered by this Settlement, please visit https://www.NYCICEsettlement.com/.

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