FREQUENTLY ASKED QUESTIONS
BASIC INFORMATION
The lawsuit claims that New York City’s Department of Correction (DOC) unlawfully detained individuals beyond their scheduled release date when all other conditions for their release were met based solely on a detainer request issued by U.S. Immigration and Customs Enforcement (ICE). The City of New York denies these claims and any wrongdoing. Individuals who experienced this unlawful overdetention between April 1, 1997 and December 21, 2012 are also referred to as “Class Members.”
More details are provided in the Settlement Agreement available HERE.
The Honorable Mitchell J. Danziger of the Supreme Court of the State of New York, County of Bronx is overseeing this case. The lawsuit is known as Onadia v. City of New York, et. al, Index No. 0300940/2010. Oscar Onadia was the individual who filed this lawsuit. Mr. Onadia passed away in 2024. His estate has been appointed Class Representative and is the Named Plaintiff in the lawsuit, represented by the administrator of his estate. The City of New York is the “Defendant.”
In a class action case, one or more people (in this case Class Representative, Oscar Onadia) sue on behalf of themselves and all other people who have similar claims. Together, all of these people are “Class Members.” One court (in this case the Supreme Court of the State of New York, County of Bronx) collectively resolves all claims that could be brought against the City by all Class Members, except for those people who choose to exclude themselves from the Class (see Question 30).
By agreeing to the Settlement, both New York City and the Class Members avoid the costs, delay, and uncertainty of trial, and Class Members receive the benefits described below (see Question 13). The proposed Settlement does not mean that any law was broken or that New York City did anything wrong. The parties believe the Settlement is best for everyone affected.
WHO IS INCLUDED IN THE SETTLEMENT?
The Settlement Class is all people who were detained by New York City’s Department of Correction (DOC) beyond the individual’s scheduled release date between April 1, 1997 and December 21, 2012 (the “Class Period”), despite all other conditions for the person’s release being satisfied and based solely on a detainer issued by U.S. Immigration and Customs Enforcement (ICE). The DOC prepared a list of everyone they believe is in the Settlement Class. Everyone on the Class List is presumed to be part of the class.
An ‘Immigration Detainer’ or ‘ICE Detainer’ is a request by U.S. Immigration and Customs Enforcement (ICE) that asks a law enforcement agency to keep a person for 48 more hours, not counting weekends and holidays. This is beyond the time when someone would usually be released from jail. This extra time allows ICE to take custody of the person.
No. The settlement is limited to people who were detained by New York City’s Department of Correction (DOC).
No. The settlement is limited to people who were detained by New York City’s Department of Correction (DOC) between April 1, 1997 and December 21, 2012 (the “Class Period”). People detained before or after that time period cannot receive a payment from this settlement.
Yes. If you were in a NYC jail between April 1, 1997 and December 21, 2012 and may have been issued an Immigration Detainer, you can file a claim to check if you were overdetained. You do not need to know how many days you were overdetained. You do not need to know the date when you were released. Provide as much information as possible to ensure that the Administrator can verify your eligibility for payment.
You do not need to show proof of overdetention. If you are on the Class List and submit a timely, valid Claim Form you will be eligible for compensation.
You were overdetained if you were discharged from DOC custody one or more days after all conditions of your release had been satisfied based solely on an immigration detainer issued by ICE. You do not need to know whether you were overdetained to file a claim.
If you’re not sure whether you are part of the Settlement Class, or if you have other questions about the Settlement, get in touch with the Administrator:
Email: [email protected]
Toll-free Telephone Number: 1-800-479-0810
Mail: NYC ICE Settlement
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
SETTLEMENT BENEFITS – WHAT YOU CAN GET
If the Settlement is approved by the Court and becomes final, it will provide payments to Class Members who submit timely and valid claims. The City of New York will pay up to $92.5 million to a Class Fund that will be used to pay Class Members awards, a $25,000 service award to the Class Representative, Administrative Costs, and Class Counsel’s attorneys’ fees and costs.
For more details, read the Settlement Agreement HERE.
You will receive a payment if you fit the definition of a Class Member (see Question 5), submit a timely and valid Claim Form (see Question 28), and the Court approves the Settlement and it becomes final.
Payments are based on the number of days of overdetention of those Class Members who submit valid claims and the year you were overdetained. Payments cannot be calculated until after the Court has provided final approval of the Settlement.
After the Claim Form Deadline and final approval by the Court, payments will be calculated in accordance with the Settlement Agreement available HERE.
For purposes of calculating Award Amounts, the Settlement Class is divided into two groups:
• The “Recent Group” is those Class Members who were held beyond their scheduled release date between February 1, 2007 and December 21, 2012, despite all other conditions of their release being satisfied, and based solely on an ICE Detainer.
• The “Statute of Limitations Group” is Class Members who fit the same description but were held beyond their scheduled release dates between April 1, 1997 and January 31, 2007.
We estimate Class Members in the Recent Group will likely receive $10,000 or more, and Class Members in the Statute of Limitations Group will likely receive $5,000 or more.
Class Members may receive less or more than the amount listed. Each Class Member’s actual recovery will depend on (1) how many days they were overdetained; (2) whether they are in the Recent Group or the Statute of Limitations Group; and (3) how many Class Members submit valid claims. For certain Class Members, the NYC Department of Correction may not have reliable data on how many days each person was overdetained; those Class Members’ settlement awards will be calculated using the average number of days that a Class Member was overdetained.
Class Members who were overdetained more than one time during the Class Period are entitled to payment for each instance of overdetention. Each instance of overdetention will be treated as separate and independent claims for purposes of the calculations described in Question 14. You are only required to submit one claim form.
No. Only one claim is necessary. Each Class Member’s number of qualified occurrences of overdetention will be combined and calculated for possible award payments based on the information provided by the parties.
Yes, if you are currently detained, you can get a Claim Form and other relevant documents by calling 1-800-479-0810 to have one sent to you by mail. You can also access the claim form on this website by clicking HERE.
Yes, if you are currently living outside of the United States, you can get a Claim Form and other relevant documents by calling 1-800-479-0810 to have one sent to you by mail. You can also access the claim form on this website by clicking HERE.
If you are scheduled to be released before payments are made, please provide the address of where you plan to live upon release on your claim form. If you do not yet know where you will be living upon release, please provide an address where you can receive mail.
Yes. You can call 1-800-479-0810 to request a claim form be sent to you by mail at an address where you can receive mail. You can also access the claim form on this website by clicking HERE to submit an online claim. If you submit an online claim make sure it includes an address where you can receive mail so any payment you may be entitled to can be properly mailed.
No. This settlement will not impact any criminal proceedings against you. Please discuss with your criminal defense attorney if you have further questions.
Yes. Any amounts you owe for New York child support liens, docketed parking judgments, and business tax judgments will be subtracted from your Award Amount. The Administrator will let you know if there’s any lien or judgment that will be subtracted from your Award Amount. You’ll have the chance to show that you aren’t the person who owes that money.
If you are eligible for a payment over $10,000 (before deduction of any liens) and New York Executive Law § 632-a (the Son of Sam Law) applies to that payment, the New York State Office of Victim Services (OVS) may seek a court order requiring the Administrator to hold your funds and permit you to obtain just 10% of your full Award Amount.
A percentage of your payment may be withheld for required backup withholding if you do not include your SSN or ITIN on your Claim Form. (see Question 23).
There are many different factors that could impact your needs-based government benefits. Please see the Benefits Information Sheet posted HERE for more information and options that are available to protect your needs-based government benefits before you receive the payment from the Settlement. If you wish, you can also consult the government agency that handles your benefits.
You are not required to include your SSN or ITIN on the Claim Form and do not need an SSN or ITIN to obtain your settlement award. If you do not include an SSN or ITIN on your Claim Form, the Administrator is required by law to withhold 24% of your payment for back-up withholding (this amount could change by law). To avoid this withholding from your Award Amount, we recommend you include your SSN or ITIN on the Claim Form if you have one.
No. No information that you provide or that the Administrator has for you will be shared with ICE. Class Member information will be treated as confidential and will not be disclosed to anyone other than Class Counsel, Defense Counsel, the Administrator’s office, or the Court, under seal.
If, however, there is a court order or subpoena requiring your personal information to be turned over, we will need to comply with all lawful orders. If served with a subpoena, we would have the ability to challenge the disclosure of such information in court before release. Class Counsel has expressed that they are committed to keeping Class Member information confidential.
Your information will be treated confidentially and will not be shared except as listed in the settlement agreement or required by a court order. The settlement provides that Class Member Confidential Information shall be treated as confidential. Under the terms of the settlement, Class Member information can only be disclosed to the following entities: (1) Class Counsel, Defendant’s Counsel, the Administrator, or the Court under seal (2) New York City personnel who need to determine individuals with open child support liens, docketed parking judgments and business tax judgments owed to the Department of Finance; (3) New York City personnel to the extent necessary under federal law to notify the Centers for Medical & Medicaid Services; (4) public defender organizations to locate and notify Class Members that are or have been clients of those public defender organizations(5) the New York State Office of Victim Services (OVS) so that OVS may determine if it will seek any remedy pursuant to N.Y. Exec. Law § 632-a (only for claimants who will be receiving Award Amounts over $10,000); (6) any reports the City or the Administrator is required by law to make to any state or federal tax authority.
If, however, there is a court order or subpoena requiring your personal information to be turned over, we will need to comply with all lawful orders.
If served with a subpoena, we would have the ability to challenge the disclosure of such information in court before release. Class Counsel has expressed that they are committed to keeping Class Member information confidential.
If an eligible Class Member is deceased, the duly appointed legal representative or estate administrator is eligible to receive the payment. The representative will need to file a valid claim and provide appropriate court documentation to show that they are a legitimate representative or administrator of the estate. A death certificate is not enough to file a valid claim. The representative must provide court documentation to show that they are a legitimate representative or administrator of the estate.
Class Members who submit valid claims will receive payments only after the Court grants final approval of the Settlement and any appeals are resolved (see Question 39). The Court has scheduled a Fairness Hearing for 10:00 a.m. October 6, 2025 to consider the Settlement and whether it should be approved. Payments will not be available until after the hearing.
If there are appeals, resolving them can take time. Please be patient and check the Settlement website for updates.
No, each person must file their own claim form.
Class Members who submit valid claims will receive payments only after the Court grants final approval of the Settlement and any appeals are resolved (See Question 41). The Court has scheduled a Fairness Hearing for 10:00 a.m. October 6, 2025 to consider the Settlement and whether it should be approved. Payments will not be available until after the hearing.
If there are appeals, resolving them can take time. Please be patient and check the Settlement website for updates.
HOW TO GET A PAYMENT
To qualify for a payment under the Settlement you must complete and submit a Claim Form, so it is postmarked by May 15, 2025. You can file a Claim Form online HERE, download a copy of the Claim Form HERE, or email [email protected] to request that one be sent to you.
You may be able submit your claim after the May 15, 2025 deadline. Please check this website for updates on the status of the Settlement.
No. No one should be charging you a fee to a submit a claim. Submitting a claim is free of charge. Please do not pay anyone to file a claim for you. The Court’s order states: “Attorneys and other third parties should not charge Class Members fees for any services to submit a claim in this settlement.” For more information on how to submit a claim, please call 1-800-479-0810 or click HERE.
EXCLUDE YOURSELF FROM THE SETTLEMENT
To request exclusion, you must mail a request to the Administrator. The Request for Exclusion must be in writing and include:
1. Your name, address, date of birth, and social security number (if any),
2. A statement communicating that you elect to be excluded from the Settlement Class in Onadia v City of New York, Index No. 300940/2010, and
3. Your signature (you must personally sign the letter).
The Request for Exclusion must be sent to the Administrator, so it is received on or before May 15, 2025. Send your request to:
NYC ICE Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
This deadline may be extended under the terms of the Settlement. Please check this website for updates on the status of the Settlement.
No. You will not get a payment if you exclude yourself.
No. If you do not exclude yourself and the Court approves the proposed Settlement, you will give up or “release” your rights to the claims made in this Settlement even if you do not file a claim.
OBJECT TO THE SETTLEMENT
If you choose to remain a Class Member, you can object to any part of the proposed Settlement. The Court will consider your views.
To object, you must send a letter stating that you object to Onadia v. City of New York, Index No. 300940/2010. Your objection must be received by the Administrator on or before May 15, 2025 at:
NYC ICE Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
This deadline may be extended under the terms of the Settlement. Please check the website for updates on the status of the Settlement.
Your written objection must include:
• Your name, address, telephone number, and, if available, email address,
• The Action Name and docket number: Onadia v. City of New York, et. al, Index No. 300940/2010,
• Your objections and any specific reasons you may have for them,
• An indication of whether the objection(s) are specific to you, a subset of the Class, or the entire Class,
• All grounds for the objection(s) and any legal support you or your counsel have for them
• Any evidence you wish to introduce in support of your objection(s),
• An indication of whether you intend to speak at the Fairness Hearing, and
• Your signature.
If you are filing an objection through an attorney, the attorney must serve notice of appearance on Class Counsel and Counsel for Defendant (see Question 40) and e-file the notice of appearance using the Court’s NYSCEF system no later than September 5, 2025.
Objecting is telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. If you object, you are still a Class Member and you can submit a Claim Form.
Excluding yourself is telling the Court that you do not want to be part of the Class. You cannot request exclusion and object to the Settlement. If you exclude yourself, you have no basis to object or file a Claim Form because the case no longer affects you.
REMAIN IN THE SETTLEMENT
If the Settlement becomes final, you will give up your rights to sue the City of New York for the claims resolved by this Settlement. The specific claims being released are described in the Settlement Agreement. You can talk to Class Counsel or your own lawyers if you have any questions about Settlement release.
The Settlement Agreement is available HERE.
If you do not file a claim or request exclusion, you will remain a Class Member bound by the terms of the Settlement but will not receive a payment.
THE LAWYERS REPRESENTING YOU
Yes. The Court has appointed the attorneys at the below law firms to represent you and other Class Members in this lawsuit. These lawyers are known as “Class Counsel,” and you will not be charged for their services. You may hire your own lawyer to represent you, at your own expense, but you are not required to do so.
| EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP Matthew D. Brinckerhoff Debra L. Greenberger Vasudha Talla 600 Fifth Avenue, 10th Floor New York, NY 10020 (212) 763-5000 | BENNO & ASSOCIATES P.C. Ameer Benno 30 Wall Street 8th Floor New York, NY 10005 (212) 227-9300 |
Class Counsel has not been paid anything to date for the years of work they have done on this case.
Prior to the Fairness Hearing, Class Counsel will seek approval from the Court for attorneys’ fees and costs of no more than 30% of the Class Fund, less Settlement notice and administration costs and the Class Representative’s service award. The City has the right to oppose the application if it believes the amount requested is excessive in light of pertinent case law.
Class Counsel will also ask the Court for a service award of up to $25,000 to be paid to the Estate of Class Representative Oscar Onadia for his work on behalf of the Class, before he died.
THE COURT’S FAIRNESS HEARING
The Court will hold a Fairness Hearing, sometimes called a Final Approval Hearing, before the Honorable Mitchell J. Danziger at 10:00 a.m. on October 6, 2025 in Courtroom #707 of the Supreme Court of the State of New York in Bronx County, located at 851 Grand Concourse, Bronx, NY 10451. The hearing may be moved to another date or time without additional notice, so it is a good idea to check the website for updates.
At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider whether to approve Class Counsel’s Attorneys’ fees and costs, and the Class Representative’s Service Award Payment.
If there are objections, the Judge will consider them and hear any Class Members or their personal counsel who filed an objection and an intention to personally appear at the hearing. Class Members are not required to attend the hearing.
After the hearing, the Judge will decide whether to approve the Settlement. We do not know how long the decision will take.
Updates on the status of the hearing and the Court’s determination will be posted to this website when available.
You do not need to attend the hearing. Class Counsel will represent the best interests of the Class at the Fairness Hearing and answer any questions the Court may ask. Any Class Member who submits a timely written objection in compliance with the requirements (see Question 33) may appear at the Fairness Hearing in person or through counsel retained at the Class Member’s expense but is not required to do so.
If you intend to appear at the Fairness Hearing, you must send a letter to the Administrator indicating your intent to appear that includes your name, address, telephone number, email address if available, and your signature. Send your notice of intention to appear to the Administrator so it is received on or before May 15, 2025 at:
NYC ICE Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
If you retain counsel at your own expense to appear on your behalf at the Fairness Hearing, your counsel must serve a notice of intent to appear on Class Counsel and Counsel for Defendant and e-file using the Court’s ECF System (https://ecf.nysd.uscourts.gov/) so it is received by September 5, 2025.
Counsel can be notified at the following addresses:
| Class Counsel | Counsel for Defendant | |
| EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP Matthew D. Brinckerhoff Debra L. Greenberger Vasudha Talla 600 Fifth Avenue, 10th Floor New York, NY 10020 | BENNO & ASSOCIATES P.C. Ameer Benno 30 Wall Street 8th Floor New York, NY 10005 | CORPORATION COUNSEL CITY OF NEW YORK Chlarens Orsland 100 Church Street New York, NY 10007 |
IMMIGRATION STATUS
Yes. You are allowed to file a claim regardless of your immigration status.
No. The settlement is separate from any immigration process and will not have a positive or negative effect on your immigration status or process.
No. The settlement is separate from any immigration process and will not have a positive or negative effect on your immigration status or process.
No. The settlement is separate from any immigration process and will not create any options for obtaining immigration status or a visa.
No. If you are seeking to reopen or rescind a removal order, you should contact a reputable attorney to discuss your options.
The settlement award is taxable and you will need to report the money on your state and federal taxes. Failure to report the settlement money on your taxes could result in negative consequences to your immigration status or your ability to become a U.S. citizen in the future. Please consult with a qualified tax or immigration attorney if you have any questions.
No. The settlement contains assurances that all information provided for the settlement will not be shared or disclosed to the Department of Homeland Security, specifically, it will not be shared with Immigration and Customs Enforcement (ICE) and that information will remain private and confidential.
If, however, there is a court order or subpoena requiring your personal information to be turned over, we will need to comply with all lawful orders. If served with a subpoena, we would have the ability to challenge the disclosure of such information in court before release. Class Counsel has expressed that they are committed to keeping Class Member information confidential.
MORE INFORMATION
You can find more about the Settlement Agreement HERE. You can also reach out to the Administrator’s office at:
Email: [email protected]
Toll-free Telephone Number: 1-800-479-0810
Mail: NYC ICE Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Please DO NOT contact the Court or any city agency with questions about this Settlement.
Please have them call 1-800-479-0810. You may also share the website address with them and encourage them to review the information and submit a claim if they believe they qualify.
All jails on Rikers Island and any jail in other boroughs that is operated by New York City are part of the New York City Department of Correction. It does not include any jail outside New York City. It also does not include any state or federal prison in New York City; for example, it does not include MDC, MCC, Bayview Correctional Facility, or Lincoln Correctional Facility.
This is not a scam. There are official court documents available on the Settlement Documents page of this website. This case has also received coverage from the New York Times, Gothamist, Telemundo, Documented, and other reputable news outlets. You can also refer to the Press Coverage page to access links to stories about it in local and international press.
This is a settlement only with the City of New York. Class members are entitled to receive a settlement award as determined by the judge in this case. The federal government and presidential administration do not have a role in the lawsuit and cannot overturn the settlement.