February 10, 2026 NEW YORK, NY For months, the rumors swirled through the hallways of Manhattan’s most famous federal building. Advocates whispered about missing people; journalists spotted mysterious piles of civilian clothing on the "wrong" floors; and politicians were given guided tours of "improved" facilities.

On Monday, the mask finally slipped.

In a high-stakes federal courtroom, government attorneys were forced to admit what many had long feared: ICE is holding detainees on multiple floors of 26 Federal Plaza, bypassing the space restrictions intended to end "squalid and cramped" conditions.

The Admission That Shook the Court

The bombshell dropped during a hearing before Judge Lewis Kaplan. Dealing with an ongoing lawsuit sparked by a leaked video showing immigrants packed like sardines on the 10th floor, Kaplan didn’t mince words. He asked point-blank if detainees were being moved elsewhere to skirt court-ordered capacity limits.

The answer from Attorney Jeffrey Oestericher was a quiet, devastating: “The short answer is yes.”

It turns out the 9th floor has been operating as a secondary holding area—a fact kept hidden even as federal oversight ramped up.

"They Are Lying to Me": A Congressman’s Fury

The revelation has ignited a firestorm, particularly for Congressman Dan Goldman, who has made the 10th-floor facility a personal mission for oversight. Goldman, who visits the site weekly, reacted with visible outrage to the news that he had been systematically misled.

“ICE is not only lying to the Court, but they are lying to me,” Goldman stated. “It is shocking but not surprising that Trump’s DHS cannot confirm that it is following the requirements of a court order... I will make sure ICE is in compliance the next time I return.”

The "Scoff" That Cracked the Case

The road to this admission started with boots-on-the-ground reporting. An investigation previously found piles of clothing—belonging to those snatched during their court hearings—on the 5th floor.

The most chilling detail? An ICE agent was reportedly overheard scoffing at the 5th-floor discovery, muttering: “They should see what’s happening on the 9th floor.”

Why This Matters

This isn't just about floor plans; it’s about human rights and the rule of law.

• The 10th Floor Scandal: A leaked video previously showed detainees sleeping on hard floors under 24/7 lights with a single shared toilet.

• The Shell Game: By spreading detainees across different floors (including the 9th and potentially others), ICE can technically claim the 10th floor meets the "50 square feet per person" requirement while maintaining the same total number of arrests.

• The "Trap" at Court: These detainees aren't being caught at the border; they are being seized while attending their legally mandated court hearings, turning a place of justice into a site of apprehension.

As the lawsuit moves forward, the question is no longer if ICE is hiding the truth, but how deep the rabbit hole goes within the walls of 26 Federal Plaza.