What to know:
- Must be an immigrant who was detained at a NYC correctional facility past their scheduled release date due to an ICE detainer between April 1, 1997 and Dec. 21, 2012.
- Individuals who think they may qualify do not need to look for or collect records.
- Claims can be submitted between Feb. 14, 2025 and May 15, 2025 in the website: www.nycicesettlement.com
The City of New York has agreed to pay $92.5 million to immigrants detained in New York City Department of Corrections facilities between April 1, 1997, and Dec. 21, 2012, following a class action lawsuit (Onadia v. City of New York, et al.). The lawsuit claims that more than 20,000 immigrants were held beyond their scheduled release dates due to detainer requests made by the U.S. Immigration and Customs Enforcement (ICE).
Also Read: Released and Deported: How New York Prisons Collaborate with ICE
The lawsuit alleges that New York City violated the rights of immigrants who met all conditions for release but were detained for extended periods — ranging from days to months — because of ICE detainers. An ICE detainer is a request for local authorities to hold an individual for up to 48 hours so that ICE can take custody of them and investigate their status.
The law firms involved in the lawsuit recommend that anyone who may qualify file a claim starting on Feb. 14. Here’s what you need to know.
What is a class action lawsuit?
A class action is a procedure that allows a plaintiff (the party bringing the case) to file a lawsuit on behalf of a larger group (a class) who share a similar claim against the defendant (the party against whom the lawsuit is brought).
In Onadia v. City of New York, et al., Oscar Onadia represents the more than 20,000 immigrants, from many countries, who were detained in a NYC DOC facility beyond their scheduled release date during the time period of April 1, 1997 and Dec. 21, 2012, on the basis of an ICE detainer request. The defendant in this lawsuit is the City of New York.
What is an ICE detainer?
Also known as an immigration detainer, an ICE detainer is a request made by ICE to local enforcement agencies to hold an individual for an additional 48 hours beyond their scheduled release date. The 48 hours would allow ICE to take custody of the individual to investigate their immigration status.
The lawsuit claims that people were detained beyond the 48 hours, sometimes even more than a month. Oneida, who passed away last year, was detained for 43 days.
How do I know if I was detained due to an ICE detainer?
Those who were detained beyond their scheduled release date may not know that they were detained because of an ICE detainer, Debra L. Greenberger, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP., one of the firms involved in the lawsuit, told Documented.
“If they know that they were held in a New York City jail during that time period, and they’re an immigrant, that should really be enough for them to file a claim,” Greenberger said.
Can anyone apply for the settlement?
Those who qualify must have been detained in a NYC DOC facility anytime during the the dates of April 1, 1997 and Dec. 21, 2012.
I think I qualify. Do I need to prove it?
No. Greenberger said that those who may be eligible do not need to provide any records. “We are going to check the city’s records for every person that files a claim online,” she said. She added, however, that people should not commit fraud or impersonate someone else.
What if I am no longer in the United States?
Those who are overseas can file a claim online.
Can I file a claim on behalf of a deceased person?
In order to file on behalf of someone who is eligible and deceased, the person submitting the claim must be an administrator of a deceased estate. A deceased estate is a person appointed by the court to manage the state of someone who has passed away.
Where and when can I submit the claim?
Starting Feb. 14, 2025, the claim can be submitted online through the NYC ICE Settlement portal (www.nycicesettlement.com). As of the date of publication, individuals can subscribe to receive updates about the case.
Once the form goes live, individuals will have until May 15, 2025 to submit their claim. There is no cost to submit the claim.
“We have claim forms available in English, Spanish, French, Chinese and Haitian Creole. If there’s people that speak other languages, there is an ability to get a translator on the line,” Greenberg said.
Those who need additional languages can reach the settlement administrator at: 1-800-479-0810