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Immigration Without Due Process
Detention With Weakened Safeguards

Trump Expanded Detention 71%, His Department Cut the Watchdogs, and a Judge Found Unconstitutional Punishment

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Chapter 1 — Four Rooms in Manhattan

Chapter 2 — More Custody, Fewer Checks

Chapter 3 — More People Died in Custody

Chapter 4 — Responsibility for What the Government Built

1 · Four Rooms in Manhattan

1 · Four Rooms in Manhattan — select a subtopic

1.1 — ICE Held 175 People in Rooms With No Beds

1.2 — A Judge Found the Conditions Were Punishment

1.3 — ICE Broke Capacity Orders and Filed a False Sworn Count

1 · Four Rooms in Manhattan
1.1 · Four Rooms in Manhattan
ICE Held 175 People in Rooms With No Beds

On July 1, 2025, ICE held at least 175 people in Manhattan holding rooms with no beds, showers or windows. After a trial, a federal judge found that ICE imposed those unconstitutional conditions to punish detainees and push them to leave the country. Trump had ordered more immigration detention, and his Secretary had approved abolishing every General Schedule staff position in two watchdog offices. At least 38 people died in ICE custody in fiscal 2026.

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1.2 · Four Rooms in Manhattan
A Judge Found the Conditions Were Punishment

Four Manhattan holding rooms designed for short stays became a place where people remained for days. A judge found overcrowding, no beds or showers, inadequate meals and blocked lawyer visits. After trial he held that ICE used these unconstitutional conditions to punish people and induce self-deportation. He also found lasting trauma and that some detainees decided to leave the country to escape the conditions.

Opinion, Barco Mercado v. Mullin, No. 25-cv-6568 (LAK), ECF 186

The conditions of confinement to which ICE subjected immigration detainees at 26 Fed during the summer of 2025 were inhumane and unconstitutional.

Judge Lewis A. Kaplan, U.S. District Court for the Southern District of New York · September 24, 2026

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1.3 · Four Rooms in Manhattan
ICE Broke Capacity Orders and Filed a False Sworn Count

The court's orders reduced crowding and time in custody. ICE nevertheless exceeded room limits on at least eighty-four days and took more than six months to make lawyer calls confidential. A supervisor swore the current count was eight when ICE's records showed sixty; the court found intentional concealment or reckless disregard of the truth.

Opinion, Barco Mercado v. Mullin, No. 25-cv-6568 (LAK), ECF 186

ICE’s disregard of this Court’s orders regarding capacity limits at 26 Fed has been persistent, egregious, and, at a minimum, reckless, if not willful.

Judge Lewis A. Kaplan, U.S. District Court for the Southern District of New York · September 24, 2026

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2 · More Custody, Fewer Checks

2 · More Custody, Fewer Checks — select a subtopic

2.1 — Trump Signed the Order and the Funding

2.2 — Congress Created the Offices; Noem Abolished Their Staff Positions

2.3 — The Ombudsman's Shutdown and a Narrower Death Review

2 · More Custody, Fewer Checks
2.2 · More Custody, Fewer Checks
Congress Created the Offices; Noem Abolished Their Staff Positions
2.3 · More Custody, Fewer Checks
The Ombudsman's Shutdown and a Narrower Death Review

3 · More People Died in Custody

3 · More People Died in Custody — select a subtopic

3.1 — At Least 38 People Died in One Year

3.2 — A Homicide Ruling at a Camp That Opened Without Inspection

3 · More People Died in Custody

4 · Responsibility for What the Government Built

4 · Responsibility for What the Government Built — select a subtopic

4.1 — Congress Funded Detention; It Did Not Authorize Punishment

4.2 — The Charge Is Abuse of the Public Trust

4 · Responsibility for What the Government Built
4.1 · Responsibility for What the Government Built
Congress Funded Detention; It Did Not Authorize Punishment

Congress funded more detention, and the Supreme Court has upheld limited detention during removal proceedings and given administrators substantial discretion. Those powers do not authorize unconstitutional punishment, which a judge found after trial. The administration won a May 5 procedural ruling denying an Adelanto preliminary injunction without prejudice. But Kaplan’s September opinion cites an August 12 ruling in that case among decisions finding conditions punitive and likely unconstitutional.

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4.2 · Responsibility for What the Government Built
The Charge Is Abuse of the Public Trust

The charge is that the administration enlarged its power to confine people while weakening safeguards, and ICE used unconstitutional conditions as an enforcement tool. Hamilton described abuse of public trust as grounds for impeachment. The case rests on Trump's expansion order, his Secretary's cuts and ICE's treatment of people it confined. Kaplan linked the Manhattan conditions to Trump's Project Homecoming self-deportation policy, citing its White House fact sheet and ICE's flyers as support for treating the harsh conditions as part of the program's threatened enforcement and penalties.

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