Federal Judge Orders ICE to Follow the Law and Enforce New Yorkers’ Right to Release
NYCLU and BxD win motion ordering ICE to comply with prior settlement
New York, NY – A federal judge in the Southern District of New York has ordered U.S. Immigration and Customs Enforcement (ICE) to comply with a prior settlement requiring ICE’s New York agents to give everyone they arrest a fair chance at release from detention. The order, won by the New York Civil Liberties Union (NYCLU) and The Bronx Defenders (BxD), also subjects ICE to continued monitoring until its agents come into compliance. The motion to enforce was filed in March 2025 after ICE’s own data showed it was still operating under a “no-release” policy for anyone agents arrested, despite a 2022 settlement that required the agency to give every person covered by the settlement in its custody a fair chance at release or bond.
Federal law requires ICE to decide, case by case, whether someone should be released, considering factors like family ties, community connections, time in the U.S., and legal history. But in 2018, the NYCLU uncovered through a Freedom of Information Act (FOIA) request that ICE’s New York Field Office had all but stopped releasing people—either ignoring its own assessment tools or manipulating data to justify indefinite detention. The NYLCU and BxD sued to enforce federal law, and the court issued an injunction, requiring ICE to consider release or bond in every case covered by the law. After ICE defied the court, NYCLU and BxD enforced the injunction, leading to the 2022 settlement. Now, ICE’s attempt to defy the courts has failed again.
“With this decision, the Court has confirmed that ICE cannot simply defy court orders and needlessly detain people,” said Bobby Hodgson, Assistant Legal Director at the New York Civil Liberties Union. “As NYCLU uncovered in 2018, for years, ICE has maintained a ‘no-release policy’ — despite a Court explicitly ordering them not to — to keep thousands of people locked away and separated from their families. But the Court has made it crystal clear, yet again: ICE is not above the law, and immigrants have rights that must be upheld and respected.”
“For years, ICE has torn families apart and unnecessarily locked people away in horrific conditions—ignoring federal law and even court orders,” said Anne Venhuizen, Senior Staff Attorney in the Impact Litigation Practice at The Bronx Defenders. “This decision is a reminder that ICE is not above the law. We will hold them accountable and force the government to treat the thousands of New Yorkers we represent with the dignity and respect they deserve.”
The court’s order requires ICE to meet with NYCLU and BxD to develop a “compliance plan” for meeting the conditions of the settlement. The order also extends monitoring under the settlement an additional day beyond the initial three-year timeline for every day ICE fails to come into compliance.
Under the settlement, ICE must consider release in every covered case, including alternatives to detention, like bond or remote monitoring. Officers must also take into account whether someone has a special vulnerability, like a disability. Finally, when setting a bond amount, ICE must consider the person’s financial circumstance.
The settlement also requires that all ICE officers complete documentation reflecting their assessment of each individual and to undergo training on the terms of the settlement. ICE officers must also provide a form advising individuals of their rights. Counsel in the case will regularly receive reporting to monitor ICE’s compliance.
Counsel in the case include Amy Belsher, Bobby Hodgson, Elizabeth Gyori, Claire Molholm, and Lourdes Chavez of the New York Civil Liberties Union; and Anne Venhuizen and Isabel Bolo of The Bronx Defenders. Former NYCLU staff in the case include attorneys Christopher Dunn, Terry Ding, and Guadalupe Victoria Aguierre.
All case materials can be found here.
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