Judge Bars Deportation of Illegal Immigrant Shot by ICE in New York

A federal judge barred the Trump administration from deporting a Dominican immigrant who was shot by a U.S. Immigration and Customs Enforcement (ICE) agent during a targeted enforcement operation in New York.

On Oct. 9, U.S. District Judge Paul Oetken said in a two-page order that Oscar Bergal had filed a petition challenging his detention. The judge ruled that Bergal could not be removed from the United States without a court order.

Oetken also barred federal authorities from transferring Bergal to a facility located outside of New York State or New Jersey.

The Epoch Times has reached out to the Department of Homeland Security (DHS) for comment and did not receive a response by the time of publication.

The DHS said on Oct. 9 that Bergal is an illegal immigrant from the Dominican Republic with prior criminal convictions for grand larceny and multiple arrests for assault, robbery, armed theft, criminal sale of narcotic drugs, and possession of stolen property.

Bergal was also allegedly associated with the violent prison and street gang Trinitarios, which was implicated in the 2025 killing of a Customs and Border Protection officer, DHS stated.

According to the department, ICE officers attempted to arrest Bergal at 4 p.m. ET in the Marble Hill neighborhood of the Bronx, New York, on Oct. 8. DHS said ICE agents used their vehicles to stop Bergal, but he allegedly refused to exit his car and smashed into two government vehicles.

ICE officers opened fire as Bergal allegedly drove toward them, striking him in the neck. DHS said he was taken to the hospital and later placed in a detention facility outside New York.

His five-year-old son was in the back seat at the time of the incident, according to police. The boy was physically unharmed.

“When dangerous illegal aliens are released back onto the streets by radical sanctuary politicians, our officers are forced to make arrests at large in the community in unpredictable and dangerous environments,” DHS said in a post on X.

“Our officers should not have to risk their lives, and innocent Americans should not have to face unnecessary danger, because sanctuary politicians refuse to cooperate with federal law enforcement.”

Homeland Security Secretary Markwayne Mullin told Fox News on Oct. 9 that federal agents were unaware that a child was in the vehicle, adding that Bergal put his child in danger by refusing to comply.

“Oscar put his child at risk when he chose to accelerate, hit two federal vehicles, and also weaponize the vehicle, and move towards at an accelerated rate towards officers that were trying to apprehend him,” Mullin said.

New York Mayor Zohran Mamdani criticized ICE over the incident, calling for it to be abolished and removed from the city.

“This is an unconscionable and incredibly serious situation,” Mamdani said in a post on X.

“I have called the President; when we speak, I will demand that he ends all ICE enforcement actions in our city. I will not stand by while ICE agents terrorize our communities.”

New York Governor Kathy Hochul said she was briefed on the shooting and expected federal authorities to provide a full update on the incident.

Jill McLaughlin and Reuters contributed to this report.