What’s happening on the fifth floor of 26 Federal Plaza? That’s the question many New Yorkers ask themselves as they watch their neighbors enter the building… but not leave.
For five months, our sister publication, amNewYork, has documented detentions made by ICE of people attending their mandatory hearings on the 12th and 14th floors of the now infamous building in Lower Manhattan. However, although these arrests continue, the frequency has decreased noticeably in recent weeks—at least, the arrests visible to the public.
Volunteers who accompany immigrants to their mandatory appointments told amNewYork that federal agents appear to be detaining more people on the fifth floor, where ICE check-ins take place. These appointments are mandatory for those who were released from immigration custody and are still waiting for a hearing or other procedures.
The agency requires people to appear in person to confirm they meet the conditions of their release. In recent weeks, volunteers told amNewYork that ICE has arrested people — sometimes five or more at a time — while they wait their turn to check-in. Witnesses claim that some arrests occur even before they can arrive for their appointment.
“Arrests on the 12th and 14th floors have decreased in volume, especially since many companions are no longer coming. The problem now is that ICE has moved its efforts to the fifth floor, where the check-ins are, which is a really brutal practice,” said a court observer who identified himself as Peter. “The number of arrests there is new. I think the approach there is new.”
Father Eduardo Fabián Arias, a pastor who supports families affected by ICE detentions, also told amNewYork that he has seen an increase in cases of loved ones being detained during their check-ins.
“First, in court they tell them to return in two years. But a few days later they call them and tell them: you have to come this Saturday or this Sunday or next week to appear before ICE. They no longer go to court, now they go directly to ICE,” Father Fabián explained.
City Comptroller Brad Lander, who has attended immigration hearings at 26 Federal Plaza for the past five months, agreed with Father Fabian, adding that the lack of transparency about what happens on the fifth floor is concerning.
“They have the right to ask you to come, register and show up. But those appointments are not public and we don’t get numbers. They are certainly detaining people there without giving any record, clarity or evidence that they are following due process,” Lander said. “On the one hand, they want to show a visible and cruel part—what happens on the streets—and on the other hand, they are under orders from Stephen Miller to increase the numbers.”
For many, these arrests are even more alarming because they occur out of sight of journalists. The media is not allowed to witness ICE check-ins.
Not only the press is left out; many point out that lawyers are also separated from their clients. Father Fabián believes that federal agents are taking advantage of these restrictions to intensify arrests out of public view.
“This is very difficult. Last week we had a case of a mother and her 14-year-old daughter, both detained. People waiting outside asked what had happened,” he said.
Another observer, who asked not to be identified, reported that this arrest—that of the mother and the teenager, a high school student in Upper Manhattan—occurred on Wednesday. He added that the mother had signed a permit for the observer to speak on her behalf, but security did not allow them to enter.
amNewYork has asked DHS for comment on the situation on the fifth floor and is awaiting a response.
This reporter attempted to investigate the arrests, but was unable to advance beyond the elevator area. Federal agents were seen walking back and forth, some upset with the presence of journalists.
At one point, an employee was pushing a cart filled with clear bags of clothes and sneakers.
“It’s from the gym,” the employee said sharply. However, on the side of the cart it was written: “Deportation Unit.”
It is not clear if the clothing belonged to detainees.
“It’s hard to tell, because there’s no oversight in the method of detention. Once they go down the elevator, once they get through a door, once they get past the 10th floor — and now, the fifth — no one knows,” Peter said. “My intuition tells me that these are not ICE gym sweatshirts, that they are someone’s personal belongings. But until proven otherwise, that’s what I believe, because that’s how things are now.”
