A federal judge ordered the Trump administration on Wednesday to continue improving conditions for migrants being held in a Manhattan federal building, writing that he was intervening to protect detainees from potentially “unconstitutional and inhumane treatment.”
The judge, Lewis A. Kaplan, had already ordered the Immigration and Customs Enforcement agency on Aug. 12 to improve conditions at the building, 26 Federal Plaza, where migrants were being held in squalid and cramped conditions, according to a lawsuit filed by a migrant detained there.
On Wednesday, Judge Kaplan issued a longer-lasting order known as a preliminary injunction, requiring ICE to continue addressing the poor conditions, such as overcrowding and a lack of basic hygiene. While the injunction is not the final decision in the case, the judge said that the evidence was strong enough to merit a temporary order while the lawsuit moves toward a conclusion.
In his 84-page decision, Judge Kaplan provisionally certified the lawsuit, originally filed on Aug. 8 by a Peruvian immigrant, as a class action, expanding its scope to include any ICE detainee held at 26 Federal Plaza for 12 hours or longer.
He also said that the plaintiffs were “very likely to succeed on the merits of the claims” that the conditions in the holding cells violated the First and Fifth Amendments.
“We aspire to treat all Americans — and those among us — with humanity,” he wrote. “We are legally and morally bound to adhere to the Constitution and laws of the United States with respect to everyone within our borders.”
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