ICE must give those arrested a chance to make case for release, Manhattan federal court judge rules

A Manhattan federal judge ruled Thursday that U.S. Immigration and Customs Enforcement is violating a settlement order that prohibits an unofficial "no-release" policy and requires that anyone who is detained be at least considered for release pending court proceedings.

The judge, Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York, ordered the government abide by the terms of the settlement, reached in 2022 as a class action with the New York Civil Liberties Union and The Bronx Defenders. That settlement called for the agency to consider on a case-by-case basis whether someone whom ICE has arrested ought to be freed, based on factors such as ties to the community, community connections, criminal record and time in the United States.

The settlement covers ICE's New York Field Office, of which the judge wrote Thursday: "The statistics indicate that the NYFO has not changed its policies or practices in any measurable way since the Settlement Order."

That office's area of responsibility includes not just the city but Long Island and seven counties north of the city, according to its website. 

Kaye Dyja, an NYCLU spokesperson, said of the settlement: “It’s anyone arrested by the New York Field Office, which does include LI.”

Citing statistics that between the date of the settlement order in March 2022 and February 2025, only 0.8% of cases resulted in release and 0.4% had a bond set, the judge found that "no meaningful changes were implemented" and the local ICE office is in "noncompliance." Even when a detainee is a low flight risk, the plaintiffs allege, ICE keeps the person locked up.

If anything, according to the judge's order, even fewer people are being released than before the settlement: between June 2017 and September 2019, less than 2% were released and 0.1% had a bond set. Between January 2013 and June 2017, about 16% of cases resulted in release and an additional 13% had bond set.

ICE didn't return a message seeking comment.

Anne Venhuizen of The Bronx Defenders said in a news release: "For years, ICE has torn families apart and unnecessarily locked people away in horrific conditions — ignoring federal law and even court orders. This decision is a reminder that ICE is not above the law."

As a candidate, Donald Trump promised the biggest deportation operation in American history, and, as president, he has made good on his word.

The New York Times reported earlier this month that unlike in some other parts of the country, where there are mass raids and roundups, ICE in the city has largely relied on the strategy of waiting for immigrants to show up voluntarily to routine proceedings at immigration courts — where mostly masked and unidentifiable agents then arrest them.

About half the immigrants arrested in the area this year since Trump took office were detained after being told to go to federal offices in Manhattan or nearby, typically for  standard, required appearances, but hundreds have been put into handcuffs and sent to lockups, The Times reported.

Under Trump, there has been a nearly 200% increase of ICE arrests in the region between late January and late June, with at least 2,365 immigrants being arrested, compared to the first five months before Trump's return, the report said, and at least 800 have been deported.

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.