ICE Detains Gay Jamaican Asylum-Seeker in Manhattan, Judge Orders His Release

In a significant turn of events, Rickardo Anthony Kelly, a 40-year-old gay Jamaican man, is being released from detention due to alleged rights violations during a routine check-in. Kelly fled Jamaica in 2021 after an anti-gay attack that left him shot multiple times.

Kelly was initially detained at 26 Federal Plaza in May, following his August check-in with ICE. Court records indicate that he filed for asylum after entering the United States in May 2021. However, his time at the facility was marked by numerous hardships.

According to Kelly, the facility at 26 Federal Plaza was overcrowded, unsanitary, and under lockdown for long stretches. Court filings describe the conditions he endured as "unconscionable," "inhumane," and "horrific." Kelly slept on the floor without a blanket and lacked access to his diabetes medication.

Kelly's experience at 26 Federal Plaza echoes the conditions described in a broader class-action lawsuit. The lawsuit alleges "crowded, squalid, and punitive conditions" at the facility for detainees held there by ICE.

U.S. District Judge Analisa Torres ruled that Kelly's detention violated his Fifth Amendment rights and granted his petition for release without a hearing. This decision comes as part of a strategy by the Trump administration to detain undocumented people for expedited removal around immigration court hearings and check-ins, including at 26 Federal Plaza in Manhattan.

Before his detention, Kelly had managed to secure work authorization and took a job as a security guard. His release marks a step towards a more stable future, albeit one that is still fraught with legal challenges.

The detention of Rickardo Anthony Kelly is not an isolated incident. Court records show that U.S. Immigration and Customs Enforcement agents have detained at least three other New York City public school students at immigration court this year, including a 20-year-old high school student from Guinea.

However, there are no publicly available data or credible reports specifying the number of U.S. government agencies that have detained at least one student from a New York public school during a court hearing at 26 Federal Plaza in recent months.

The situation has not gone unnoticed by state officials. New York Gov. Kathy Hochul and other state officials have called for the return of a young girl and her mother who were deported to Ecuador after being detained at 26 Federal Plaza.

Kelly was held at 26 Federal Plaza for five days before being transferred to the Metropolitan Detention Center in Brooklyn. He was later moved to a jail in Orange County, about 70 miles north of the city.

As the legal battle for immigrant rights continues, the case of Rickardo Anthony Kelly serves as a stark reminder of the challenges faced by many seeking asylum in the United States.