Immigrants Allegedly ‘Overdetained’ in New York City May Receive Share of $92.5M Dept. of Correction Settlement

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A $92.5 million settlement has been reached to resolve a proposed class action lawsuit over allegations that the New York City Department of Correction (DOC) unconstitutionally held detained immigrants beyond their scheduled release date.

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The deal, which was reportedly granted preliminary approval by the court in late December 2024, covers anyone detained by the city’s DOC beyond their scheduled release date between April 1, 1997 and December 21, 2012, despite all other conditions for release being satisfied, and based only on a detainer issued by U.S. Immigration and Customs Enforcement.

Law360 reports that the more than 20,000 class members, who were allegedly detained for days or weeks longer than permitted, may be entitled to class action settlement payments of up to tens of thousands of dollars.

To receive a New York City DOC settlement payout, class members must submit a valid, timely claim form online or by mail.

According to the agreement with New York City, notice of the settlement will be mailed to class members within 60 days of the date the deal was initially approved. The notice will include a claim form, the document says.

Class members will have 90 days from the date of mailing to submit a claim, though the deadline may be extended by an additional 90 days under certain circumstances, the settlement agreement relays.

Per the document, settlement payouts will be allocated on a pro rata basis, with individual payment amounts determined by the date and length of time a class member was “overdetained” by the DOC.

Individuals who were overdetained more than once between April 1997 and December 2012 will be entitled to payments for each instance, the agreement adds.

The court must still determine whether to grant final approval to the terms of the deal. Settlement payments will only be issued to eligible class members if the deal is ultimately approved, document notes.

According to the settlement agreement, detainees who were allegedly held beyond their scheduled release date between April 1997 and January 2007 were collectively overdetained 82,434 days. Those held between February 2007 and December 2012 were overdetained at least 85,770 days in total, the document shares.

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