Claims Period Now Open for Immigrants from Mexico and other Countries Who Were Unlawfully Detained in NYC Jails by ICE as Part of $92.5 Million Class Action Settlement Against New York City

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Law firms of Emery Celli Brinckerhoff Abady Ward & Maazel, LLP and Benno & Associates say more than 20,000 individuals who submit valid claims could receive settlement payments of $10,000 or more; the window to submit claims runs from February 14 to May 15, 2025

NEW YORK, Feb. 18, 2025 /PRNewswire/ -- The law firms of Emery Celli Brinckerhoff Abady Ward & Maazel, LLP and Benno & Associates, P.C., announced today that the period for filing claims to receive a settlement payment as part of a class action lawsuit against New York City is now open and runs through May 15, 2025. The class action settlement of up to $92.5 million was reached in Onadia v. City of New York, resolving claims by individuals who were unlawfully detained by the NYC Department of Correction solely on the basis of a U.S. Department of Immigration and Customs Enforcement (ICE) immigration detainer between April 1, 1997 and December 21, 2012. The City of New York denies liability but agreed to establish the Class fund to compensate Class Members and pay attorneys' fees and settlement costs.

Who is eligible to file a claim? The Settlement allows more than 20,000 Class Members detained beyond their scheduled release dates on the basis of ICE detainer requests to seek a Settlement award. Class members include individuals from Mexico, the Dominican Republic, Haiti, Jamaica, Ecuador, Cuba, Colombia, Trinidad and Tobago, Honduras, and Guyana. These individuals may or may not still be living in the United States.

How much money will class members receive? Depending on the length and date of their overdetention, Class Members may be eligible to receive awards of $10,000 or more.

How do individuals file a claim? If you believe you are in the Class of individuals covered by this Settlement, please visit https://www.NYCICEsettlement.com/. You may also call 1-800-479-0810 or email [email protected].

What is an ICE detainer? ICE detainers are requests issued to state and local law enforcement agencies to hold an individual for up to 48 business hours beyond their scheduled release so ICE can take custody of the individual. In some cases, however, individuals were detained for days or weeks beyond that two-day period. Together, Class Members were detained more than 166,000 days beyond their scheduled release dates.

Do Class Members have to be living in the United States to file a claim? Any Class Member may file a claim regardless of where they are currently living. Lawyers in this case anticipate that a large percentage of Class Members may have repatriated to their countries of origin or left New York, which is why it is essential to spread the news of this settlement broadly.

"Our Constitution protects all human beings within the United States from detention without probable cause no matter their immigration status. This case teaches that those protections must be respected and that those who choose to ignore the Constitution will be brought to account," said Matthew D. Brinckerhoff, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. 

"We are asking for the help from the news media, community organizations, and individuals to share this information with anyone they know who may fit the description of a class member, so they can receive a settlement payment. The claims process is simple and may provide eligible class members with $10,000 or more," said Debra L. Greenberger, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP.   

SOURCE Atticus Administration