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 ICE settlement payments?

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.
• Claimants from this group could receive an estimated $20,000 - $48,000.

• Statute of Limitations Group: Days 1-30 are 25 points each, and days 31-60 are 10 points each.
• Claimants from this group are likely to receive between $10,000 and $24,000.

Claimants who were overdetailed more than one time during the class period are entitled to a payment for each overdetention instance. Any amount owed to New York for child support liens, parking judgments or business tax judgments will be deducted from the settlement payment amount.

How to claim an NYC ICE settlement payout

A claim form must be submitted by the court ordered deadline of May 15, 2025. Class members can submit a claim online, download a PDF claim form to print, or use the claim form included with your notice and mail to the settlement administrator.

Settlement administrator mailing address: NYC ICE Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164 

Required Documentation

• Claimant ID provided on notice required to submit an online claim
• Social Security Number or ITIN are not required to submit a claim, but if not included the settlement administrator is required to withhold 24% of your payment for tax purposes.

Payout options

Class members can select one of the following payment options:

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

$92.5 Million NYC ICE settlement fund breakdown

The settlement fund of $92,500,000 million will include:

• Settlement administration costs: Amount to be determined
• Attorneys' fees and expenses: Up to $27,750,000
• Service awards to the estate of the named class representative: Up to $25,000
• Payments to approved claimants

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.