ICE Arrests Criminal Illegal Immigrant Released by NYPD Despite Detainer, DHS Says

A previously deported illegal immigrant convicted of burglary in 2012 was arrested by Immigration and Customs Enforcement (ICE) officers in New York City on Friday after local officials refused to honor an ICE detainer request, the Department of Homeland Security (DHS) said in a Feb. 2 statement.

The Mexican man, Gerardo Miguel-Mora, was arrested and charged with rape, strangulation, assault, forcible touching, burglary, and disorderly conduct in 2011, after he had entered the United States illegally on an unknown date, according to DHS. He was convicted of burglary by the New York State Supreme Court in 2012.

In 2012, an immigration judge issued a final order for his removal from the United States. ICE arrested Miguel-Mora and removed him to Mexico that year. He then reentered the United States illegally “at an unknown time and location,” according to DHS.

The New York Police Department (NYPD) arrested Miguel-Mora on Jan. 7 and charged him with criminal possession of a controlled substance. ICE New York City lodged an immigration detainer against Miguel-Mora with Manhattan Central Booking later that day, and submitted the criminal warrant to Manhattan Central Booking, according to the department.

“NYPD again arrested Miguel-Mora on January 28 and charged him with larceny and criminal possession of stolen property,” DHS said. “Once again, NYPD released Miguel-Mora on January 29, despite an ICE detainer and a federal arrest warrant.”

According to DHS, New York authorities released Miguel-Mora on four separate occasions.

“ICE officers were forced to arrest this public safety threat at large because New York City’s sanctuary policies released him back onto the streets instead of safely transferring him into ICE custody,” the department said. “Despite twelve separate phone calls confirming the criminal arrest warrant, sanctuary politicians refused to honor the ICE detainer and the federal arrest warrant and released Miguel-Mora from custody on January 7 directly onto the streets of New York.”

An ICE detainer is a request from the agency that local, state, or federal law enforcement notify ICE before releasing a removable immigrant. The request is sent to jails, prisons, and other confinement facilities. A detainer may also request that an immigrant be held for 48 hours beyond their scheduled release date to allow DHS time to assume custody.

These detainers are lodged by ICE once an immigrant is determined to be removable, such as when a court convicts them of crimes, and when the individual is deemed to pose a threat to national security or public safety.

“These are the types of public safety threats New York Governor Hochul and Mayor Mamdani are releasing from their jails onto the streets to perpetrate more crimes and create more victims,” DHS Assistant Secretary for Public Affairs Tricia McLaughlin said.

There are currently 7,113 illegal immigrants in the custody of various New York jurisdictions with active detainers. These individuals are alleged to have committed various crimes, including homicides, assaults, sexual offenses, and dangerous drug offenses.

“We are once again calling on Governor Hochul to commit to turning the more than 7,000 heinous criminals in New York’s custody over to ICE,” McLaughlin said.

The Epoch Times reached out to the offices of Gov. Kathy Hochul and New York City Mayor Zohran Mamdani for comment, but did not receive a response by publication time.

Hochul proposed the “Local Cops, Local Crimes Act” on Jan. 30 that would end existing 287(g) agreements in the state. Under the 287(g) program, state and local law enforcement agencies partner with ICE to enforce immigration regulations.

“Over the last year federal immigration agents have carried out unspeakable acts of violence against Americans under the guise of public safety,” she said in a statement at the time. “These abuses–and the weaponization of local police officers for civil immigration enforcement–will not stand in New York.”

Putting New Yorkers in Danger

On Feb. 1, ICE said that it had recently arrested a criminal illegal immigrant from El Salvador who was convicted of sexual abuse, felony criminal sexual acts, and family neglect, and sentenced to a prison term of 25 years.

The illegal immigrant had an order to be removed from the United States dating back to 2006, according to ICE Director Todd M. Lyons. ICE arrested him on Jan. 5 upon his release from New York’s Woodbourne Correctional Facility.

“An immigration judge has already ordered him to leave the country, so we arrested him and will process him for removal from our country,” he said.

On Jan. 14, Mamdani defended New York City’s sanctuary policies. These policies prohibit federal immigration officers from entering certain buildings without first procuring a warrant signed by a judge.

“I want to be very clear that our values and our laws are not bargaining chips,” Mamdani said during a speech.

In a Jan. 30 statement, DHS criticized Hochul’s proposal, warning that implementing it would put “New Yorkers in danger.”

“Instead of working with us, Governor Hochul is choosing to RELEASE violent criminals from her jails directly back into our communities to perpetrate more crimes and create more victims,” McLaughlin said.