Over the last few years, Immigration and Customs Enforcement (ICE) has encountered legal disputes over the implementation of detainers, which are in fact requests to local police to hold persons beyond their release dates. Detainers have been criticized for being short of constitutional scrutiny, causing unnecessary detentions without probable cause. A large class action settlement with the city of New York opened a window of filing for illegal immigrants who were held on ICE detainers, which provided payment of $10,000 or more.
Background on ICE detainers
ICE detainers are sent to state and local police departments, requesting them to hold a person for a maximum of 48 business days from the date of their release. This provides time for ICE to arrest the person. In most instances, though, people have been held longer than the original two days, stripping them of their constitutional liberties of liberty and due process.
Onadia v. City of New York is a class action lawsuit against detainees from numerous nations who were held past their release dates solely due to ICE detainers from April 1, 1997, to December 21, 2012. Class members eligible for the case are migrants from Mexico, Dominican Republic, Haiti, Jamaica, Ecuador, Cuba, Colombia, Trinidad and Tobago, Honduras, and Guyana. These people might still be residing in the United States or might have gone back to their native countries.
How to file a claim
To qualify for payment, the eligible individuals are required to file a claim between February 14 and May 15, 2025. Claims can be filed online at https://www.NYCICEsettlement.com/, telephonically at 1-800-479-0810, or via email to NYCICESettlement@AtticusAdmin.com. Payments are calculated based on the duration and date of overdetention and range from a minimum of $10,000.
Constitutional implications of ICE detainers
ICE detainers have created serious constitutional issues. The Fourth Amendment guarantees protection from detention that is not based on probable cause, but ICE detainers frequently do not include this vital oversight. The March 4, 2025, Gonzalez v. ICE settlement imposes on ICE a neutral review process for detainers so that no one is detained without constitutional safeguards.
Cases such as Onadia v. City of New York demonstrate the need to ensure constitutional rights for everyone, no matter their immigration status. Such cases indicate that such violations of these rights will be challenged in court, with monetary damages paid to victims and spurring systemic reform in the manner in which ICE functions.
The New York City class action is an important chance for immigrants who were illegally held based on ICE detainers to be compensated financially. As the legal environment continues to change, there is a need for people who are affected to know their rights and channels through which they can pursue justice. The efforts towards reforming ICE’s detainer policies show the determination to uphold constitutional rights for all people in the United States.
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