New York City $92.5M ICE Detainer Settlement

If you were detained by the New York City Department of Corrections on a detainer issued by U.S. Immigration and Customs Enforcement (ICE) between April 1, 1997, and December 21, 2012, you may be eligible to claim compensation from a class action settlement.

The City of New York has agreed to pay $92,500,000 to settle a class action lawsuit for allegedly detaining individuals beyond their scheduled release dates based solely on ICE detainers.

Who is eligible to receive a payout?

Class members are individuals who were:

• Detained by the NYC Department of Correction beyond their scheduled release date.
• Held between April 1, 1997, and December 21, 2012.
• Detained solely based on a detainer issued by U.S. Immigration and Customs Enforcement.

The class is divided into two groups:

• Recent Group: Those detained between February 1, 2007, and December 21, 2012.
• Statute of Limitations Group: Those detained between April 1, 1997, and January 31, 2007.

How much are the payouts?

The settlement provides a pro-rata distribution based on the number of days overdetained.

The compensation is calculated using a point system, where:

• Recent Group: Days 1-30 are allocated 50 points each, days 31-60 are 20 points each, and days over 60 receive $100 per day.
• Statute of Limitations Group: Days 1-30 are 25 points each, and days 31-60 are 10 points each.

The distribution amount is calculated by dividing the remaining settlement fund by the total points allocated. For example, if the total settlement fund is $92,500,000 and the total points allocated are 1,000,000, then each point would be worth $92.50.

Payout options

Class members can choose from the following payment options:

• Direct deposit to a bank account.
• Check mailed to the provided address.

When is the NYC ICE Settlement payout date?

Payments will be made after the Effective Date for Payment, which is 30 days following the entry of the Court’s Final Approval Order.

Why is there a class action settlement?

The lawsuit alleged that New York City unlawfully detained individuals beyond their scheduled release dates based solely on ICE detainers. The City denies any wrongdoing but agreed to settle to avoid the burden and expense of ongoing litigation.

What happens next?

The next steps include the Court's Final Approval of the settlement. Once approved, payments will be processed and distributed to eligible claimants.