$92.5M NYC ICE Overdetention Class Action Settlement

By Steve Levine
NYC ICE overdetention settlement
Published: August 25, 2025

Claim Deadline: September 2, 2025

Payout Award: Based on days of overdetention

Proof Required: Yes


What is this class action about?

If you were detained in NYC by ICE (U.S. Immigration and Customs Enforcement) between 1997 and 2012 you might be owed a settlement from a massive, $92.5 million open class action lawsuit. This settlement resolves claims that NYC DOC (Department of Correction) allegedly unlawfully over-detained individuals past their scheduled release dates when all other release conditions were satisfied based solely on an ICE detainer during April 1, 1997 through December 21, 2012. The City denies wrongdoing. The settlement provides payments to avoid the cost and uncertainty of continued litigation.

The claim filing deadline has been extended to September 2, 2025 from the original August 5, 2025 date. The Fairness Hearing is scheduled for October 6, 2025 at 10:00 a.m. in Bronx County Supreme Court, Courtroom 707 at 851 Grand Concourse, Bronx, NY 10451.

What is the Total Settlement Amount?

The City of New York will pay up to $92.5 million to a Class Fund used for Class Member awards, a service award to the Class Representative, notice and administration, and court-approved attorney fees and costs.

How Do I Qualify For a Payout?

You are included if NYC DOC detained you beyond your scheduled release date between April 1, 1997 and December 21, 2012, when all other conditions for release were satisfied, based solely on an ICE detainer. Eligibility is verified by records. If you are unsure, submit a claim and provide as much information as you can so the Administrator can verify your eligibility.

How Much Can I Get Paid?

Payments are based on days of overdetention among Class Members who submit valid claims. After the claim deadline and final approval, awards will be calculated as set out in the Settlement Agreement. For guidance, the average Class Member in the Recent Group (February 1, 2007 to December 21, 2012) will likely receive between $20,000 and $48,000. The average Class Member in the Statute of Limitations Group (April 1, 1997 to January 31, 2007) will likely receive between $10,000 and $24,000. Actual awards depend on days overdetained and the number of valid claims.

What if I was overdetained more than once?

If you were overdetained more than once during the Class Period, you may receive payment for each instance. Each instance is treated as a separate claim for calculation purposes.

Liens, withholdings, and benefits

Amounts owed for New York child support liens, docketed parking judgments, and business tax judgments will be subtracted from your award. If the Son of Sam Law applies to a payment over $10,000, OVS may seek a court order limiting immediate access to funds. If you do not include an SSN or ITIN, federal backup withholding may apply. See the Benefits Information Sheet on the settlement website for how payments may affect needs-based benefits.

How Do I File a Claim?

File online at www.NYCICESettlement.com or email NYCICESettlement@atticusadmin.com to obtain a form. You may also mail a completed Claim Form to: NYC ICE Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164. The website may provide updates on late claim acceptance under the Settlement terms.

What is the Claim Form Deadline?

Claim Forms must be submitted online or postmarked by September 2, 2025.

What are the Important Dates?


Claim Deadline: September 2, 2025
Exclusion (Opt Out) Deadline: September 2, 2025
Objection Deadline: September 2, 2025
Fairness Hearing: October 6, 2025 at 10:00 a.m., Supreme Court of the State of New York, Bronx County, Courtroom #707, 851 Grand Concourse, Bronx, NY 10451

When are payments sent?

Payments are issued only after the Court grants final approval and any appeals are resolved. Timing depends on approval and whether appeals are filed.

Official Notice

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Submit Claim


Sources

Official Settlement Website

Filing Class Action Settlement Claims

This is a news article for informational purposes. OpenClassActions.com is not the settlement administrator or a law firm. For help with your claim, contact the Administrator or Class Counsel.



Settlement Summary
Status Proposed Settlement
Claim Form Deadline September 2, 2025
Settlement Amount Up to $92.5 million
Settlement Category Unlawful Detention / Civil Rights
Estimated Payout per Person Recent Group (2007–2012): $20,000 – $48,000 average
Statute of Limitations Group (1997–2007): $10,000 – $24,000 average
Proof Required Eligibility verified by records
Exclusion Deadline September 2, 2025
Objection Deadline September 2, 2025
Fairness Hearing October 6, 2025
Case Number 0300940/2010
Case Title Onadia v. City of New York, et al.
Court Supreme Court of the State of New York/td>
Settlement Website Site Link