Thousands of New Yorkers who were jailed by federal immigration authorities between 1997 and 2012 may be eligible to receive a portion of a $92.5 million class action settlement with the city. The settlement stems from claims that individuals were unlawfully held beyond their scheduled release dates. The deadline to file a claim was recently extended from May 15 to Aug. 15.
According to Debbie Greenberger, attorney for the plaintiff class and a partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP, more than 20,000 people are eligible for compensation, including an estimated 4,000 who were living in the Bronx at the time of their detention.
The settlement covers individuals who were held by the NYC Department of Correction past their release dates at the request of U.S. Immigration and Customs Enforcement (ICE), between April 1, 1997, and Dec. 21, 2012.
Prior to the city’s adoption of sanctuary policies in 2014, New York routinely complied with ICE requests to detain individuals for up to 48 additional hours after their scheduled release. However, in many cases, the Department of Correction allegedly held people for significantly longer periods—sometimes weeks or even months—Greenberger told the Bronx Times.
For those who qualify, settlement payments may be over $10,000, depending on how long each person was over-detained.
The settlement stems from the 2010 lawsuit, Onadia v. City of New York, brought by plaintiff Oscar Onadia. He was an immigrant from Burkina Faso who served a five-day sentence at Rikers Island jail for unlicensed driving but was held an additional 41 days under an ICE detainer.
Though the city denied any wrongdoing and mostly stopped cooperating with ICE detainer requests after sanctuary laws passed, Onadia was paid $25,000 under the settlement, and the city agreed to pay more than 20,000 others affected.
Collectively, the lawsuit’s class members were held more than 166,000 days beyond their scheduled release dates.
Finding all the people who qualify has proven challenging, as many may have died, moved or been deported, said Greenberger. However, for those who believe they are entitled to the settlement — or have a relative or friend who is — the process of filing a claim is simple. Claimants have to complete a one-page form or call a toll-free number, and the settlement administrator has a list of everyone who qualifies, so it’s just a matter of matching people to the list, Greenberger said.
Amid a climate of increased anxiety for immigrants, the attorney said the settlement offers “an avenue of hope and good news.” It serves as a reminder that immigrants do have constitutional rights and that cities can suffer “real financial exposure” for violating them, Greenberger said.
Anyone who believes they’re entitled to the settlement — even if uncertain about the detention dates or other details — is encouraged to file a claim at www.nycicesettlement.com or call 1-800-479-0810 before Aug. 15.
Reach Emily Swanson at eswanson@schnepsmedia.com or (646) 717-0015. For more coverage, follow us on Twitter, Facebook and Instagram @bronxtimes
