Skip to content

Immigration court in Manhattan orders the discharge of a Jamaican asylum-seeker, who identifies as gay and was previously detained by ICE.

Jamaican authorities state that Rickardo Anthony Kelly left the country in 2021 following a violent, anti-gay assault that resulted in gunfire.

Judge in Manhattan orders the liberation of Jamaican asylum-seeker, who identifies as gay, held by...
Judge in Manhattan orders the liberation of Jamaican asylum-seeker, who identifies as gay, held by ICE

Immigration court in Manhattan orders the discharge of a Jamaican asylum-seeker, who identifies as gay and was previously detained by ICE.

In a significant ruling, a Manhattan federal judge ordered the immediate release of Rickardo Anthony Kelly, a 40-year-old gay Jamaican man, who had been detained at 26 Federal Plaza, a temporary immigration detention centre in Manhattan.

Rickardo entered the United States on a tourist visa in May 2021 and later filed for asylum. However, his experience at 26 Federal Plaza echoes a broader class-action lawsuit filed this month, highlighting questionable conditions at the centre.

Court records indicate that Rickardo filed for asylum later in 2021, after his entry into the United States. His troubles began in May when he was detained at the same location. At his August check-in, ICE officers told him he would be detained due to the charges he faced.

These charges stemmed from a third-degree assault and second-degree harassment incident in May. Rickardo was held at 26 Federal Plaza for five days before being transferred to the Metropolitan Detention Center in Brooklyn.

During his detention, Rickardo faced numerous hardships. He slept on the floor without a blanket and lacked access to his diabetes medication. The conditions at 26 Federal Plaza have been described as "unconscionable", "inhumane" and "horrific" in court filings.

U.S. District Judge Analisa Torres ruled that Rickardo's detention violated his Fifth Amendment rights and granted his petition for release without a hearing. This decision came after it was revealed that Rickardo had received work authorization and taken a job as a security guard.

Rickardo's case is not an isolated incident. At least three other New York City public school students, including a 20-year-old high school student from Guinea, have been detained by U.S. Immigration and Customs Enforcement agents at immigration court this year.

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 during an immigration hearing at 26 Federal Plaza.

As for Rickardo, he fled Jamaica in 2021 following an anti-gay attack where he was shot 10 times. He declined to pay $1,000 to self-deport to Jamaica. His lawyer did not immediately respond to a request for comment.

The Trump administration's strategy included detaining undocumented people for expedited removal around immigration court hearings and check-ins, including at 26 Federal Plaza, which is currently being used as a temporary immigration detention site. The future of this centre and the treatment of those within it remains a contentious issue.

Read also: