NYC Department of Correction ICE Settlement: $92.5M
Were You Held in NYC Jails Past Your Release Date Because of an ICE Detainer?
Were you held in New York City custody past your scheduled release date between April 1, 1997, and December 21, 2012, solely because of an ICE detainer?
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Claim Form
Click Here to Submit a ClaimWho's eligible?
Individuals detained by the New York City Department of Correction beyond their scheduled release date between April 1, 1997, and December 21, 2012, based solely on a detainer issued by U.S. Immigration and Customs Enforcement (ICE) and after all other conditions for release were met.
Proof of Purchase
N/A
Settlement At a Glance
Settlement Amount
$10,000 - $48,000
Claim Form Deadline
05/15/2025
Exclusion Deadline (Opt-Out)
05/15/2025
Final Approval Hearing
10/06/2025
Additional Information
The City of New York has agreed to a $92.5 million class action settlement to resolve allegations that the Department of Correction unlawfully held people in custody beyond their scheduled release dates solely due to ICE detainers. The class action lawsuit claimed the city violated detainees’ rights by continuing to hold them for extended periods—even after courts or bail had cleared them for release.
According to the complaint, the Department of Correction relied on ICE detainer requests to justify these overdetentions. These requests, however, were not legally binding and only authorized up to 48 hours of extended custody. In many cases, detainees were allegedly held for days or even weeks longer, without judicial oversight or new charges.
The class is divided into two groups based on detention dates. The Statute of Limitations Group includes those detained between April 1, 1997, and January 31, 2007. The Recent Group includes those detained between February 1, 2007, and December 21, 2012. Settlement payments will vary depending on how long a person was held and which group they fall into.
Under the Terms of the Settlement
Class members can receive a cash payment based on the number of days they were detained beyond their scheduled release date. Payments for the Recent Group are estimated to range from $20,000 to $48,000. Payments for the Statute of Limitations Group may fall between $10,000 and $24,000. Final amounts will depend on the number of valid claims and the length of each claimant’s overdetention.
New York City has not admitted any wrongdoing but agreed to this settlement to resolve the long-standing legal challenge.
Think you might have a case? If you believe you've been affected by a similar situation, browse our list of Class Action Lawsuits and Open Class Action Settlements you may be able to join!
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Legal Representation
Case Name:
Class Counsel:
Debra L. Greenberger
Vasudha Talla
EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP
Ameer Benno
BENNO & ASSOCIATES P.C.
Defense Counsel:
CORPORATION COUNSEL OF THE CITY OF NEW YORK
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