$92.5M New York City Department of Correction ICE class action settlement

New York City agreed to pay $92.5 million to resolve claims it violated the law by detaining individuals beyond their scheduled release date based solely on a detainer issued by the U.S. Immigration and Customs Enforcement (ICE).

The New York City Department of Correction settlement benefits individuals who were detained by the department beyond their scheduled release date between April 1, 1997, and Dec. 21, 2012, despite all other conditions for their release being satisfied and based solely on a detainer issued by ICE.

The settlement includes two subclasses: the Statute of Limitations Group and the Recent Group.

The Statute of Limitations Group includes class members who were held beyond their scheduled release date between April 1, 1997, and Jan. 31, 2007.

The Recent Group includes class members who were held beyond their scheduled release date between Feb. 1, 2007, and Dec. 21, 2012.

According to the New York City ICE class action lawsuit, the New York City Department of Correction allegedly unlawfully detained individuals beyond their scheduled release date based solely on a detainer request issued by ICE. 

Plaintiffs in the case argue that the Department of Correction only had the authority to hold individuals for the 48 hours specified in ICE documentation but routinely held individuals for significantly longer.

The New York City Department of Correction is responsible for the jails, prisons and rehabilitation programs in the city.

New York City has not admitted any wrongdoing but agreed to a $92.5 million settlement to resolve the claims.

Under the terms of the New York City Department of Correction settlement, class members can receive a cash payment based on the number of days they were over-detained. Exact payment amounts will vary based on the amount of time claimants were over-detained and which subclass they belong to.

According to the settlement website, the average payment for the Recent Group will be between $20,000 and $48,000. The average payment for the Statute of Limitations Group will be between $10,000 and $24,000.

The deadline for exclusion and objection is May 15, 2025.

The final approval hearing for the New York City ICE settlement is scheduled for Oct. 6, 2025.

To receive a settlement payment, class members must submit a valid claim form by May 15, 2025.

Who’s Eligible

Individuals who were detained by the New York City Department of Correction beyond their scheduled release date between April 1, 1997, and Dec. 21, 2012, despite all other conditions for their release being satisfied and based solely on a detainer issued by ICE.

Potential Award

$10,000 to $48,000 (estimated)

Proof of Purchase

N/A

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

05/15/2025

Case Name

Onadia v. City of New York, et al., Case No. 300940/2010, in the Supreme Court of the State of New York for the County of Bronx

Final Hearing

10/06/2025

Settlement Website

NYCICESettlement.com

Claims Administrator

NYC ICE Settlement
c/o Atticus Administration
P.O. Box 64053
Saint Paul, MN 55164
[email protected]
800-479-0810

Class Counsel

Matthew D. Brinckerhoff
Debra L. Greenberger
Vasudha Talla
EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP

Ameer Benno
BENNO & ASSOCIATES P.C.

Defense Counsel

Chlarens Orsland
CORPORATION COUNSEL OF THE CITY OF NEW YORK