Background of Arrest
Brad Lander, a Democrat from New York City and former city comptroller, is set to stand trial on Wednesday in a federal court in New York City. This trial follows his arrest during an attempt to inspect rooms where detained immigrants are held.
Lander, who is currently campaigning for the congressional seat held by Democratic incumbent Dan Goldman, representing lower Manhattan and northwest Brooklyn, was arrested on September 18, 2025, at 26 Federal Plaza. This location is a major immigration court situated in Manhattan.
Alongside several other local elected officials, Lander visited the 26 Federal Plaza building, which houses an Immigration and Customs Enforcement (ICE) field office, in response to the federal government's intensified enforcement actions against immigrants.
Context of ICE Detentions and Legal Challenges
During the visit, federal agents began arresting individuals at the immigration court. Lander's legal team characterized these arrests as a
"stark reversal of a decades-long federal practice of largely refraining from conducting arrests at immigration courthouses". The number of arrests exceeded the capacity of processing and transfer facilities.
According to court documents submitted by Lander’s attorney, ICE instructed its field offices to detain immigrants in their respective "hold rooms" for periods extending beyond the previous maximum of 12 hours, increasing it to three days. ICE officials further indicated that in "exceptional circumstances," detention could be prolonged even longer.
While detainees in the 26 Federal Plaza hold rooms were typically held for less than one day—averaging six hours from January to April 2025—the average detention time increased dramatically to 103 hours by mid-June 2025, as claimed by Lander’s legal team. Several immigrants detained in these hold rooms filed lawsuits alleging overcrowded and unsanitary conditions.
In response, Manhattan federal court judge Lewis Kaplan ordered the Department of Homeland Security and ICE to improve these conditions. On September 17, 2025, Judge Kaplan granted the plaintiffs’ request for a preliminary injunction
"to protect those swept up in the administration’s program and sent to the 26 Fed Hold Rooms from unconstitutional and inhumane treatment … ."
Inspection Attempt and Arrest
Following this order, Lander and ten other elected officials sought to inspect the 10th floor hold rooms at 26 Federal Plaza to verify ICE’s compliance with the court order and applicable federal and state laws. The group was permitted entry into the building after Lander identified themselves as elected officials to security personnel.
Upon reaching the 10th floor, an officer stationed near the elevator bank, outside the double doors leading to the hold rooms, immediately informed the group that they would not be allowed to enter. Lander’s attorney stated in court documents that the officials attempted to explain their purpose, with Lander stating:
"A federal judge indicated that the conditions that are behind that door are a violation of federal law and are cruel and inhumane and we read that decision, and we believe it is our responsibility to come down here and see for ourselves."
Despite their requests, the group was denied access to the hold rooms. However, an officer allowed them to remain on the floor provided they refrained from banging on the doors. The officials agreed to this condition and sat down.
While seated, they chanted and sang, continuing to request access and explaining their reasons for being there, according to Lander’s legal team. When the last official began to speak about their presence at 26 Federal Plaza, an officer warned:
"If you refuse to leave under federal regulation, you’re going to be arrested. You are violating the law right now. You are protesting illegally."
Only 33 seconds after this warning, Federal Protective Service (FPS) officers began arresting each of the seated officials and issued citations. Lander’s citation alleged that he
"block[ed] entrances, foyers and corridors".
Post-Arrest Developments
Federal authorities offered to drop the violation charges in October 2025, contingent upon Lander agreeing not to protest inside any federal building for six months. Lander declined this condition.
