ERO New York City arrests unlawfully present Venezuelan citizen, suspected Tren de Aragua gang member convicted of assault

NEW YORK - On Oct. 11, Enforcement and Removal Operations New York City arrested a Venezuelan citizen and suspected member of the Tren de Aragua transnational criminal organization who convicted by the Queens County Criminal Court of second-degree assault: causing injury to non-participant during the commission of a felony. The noncitizen has multiple charges pending for criminal possession of a weapon and felony assault.

Officers from ERO's Criminal Apprehension Program arrested the noncitizen upon release from the custody of the New York City Department of Corrections at Rikers Island pursuant to an ICE detainer and warrant of arrest. He remains in ICE custody without bond pending removal proceedings.

"Tren de Aragua gang members have proven to be a significant public safety threat - not just to the residents of New York City, but to communities across the entire United States," said ERO New York City Field Office Director Kenneth Genalo. "We will not allow New Yorkers to be terrorized by their lawless criminal behavior. Noncitizens such as this individual, who violate our immigration laws and undermine the safety of our communities, will be apprehended and removed from the United States."

On June 15, 2022, the U.S. Border Patrol encountered and arrested the noncitizen near Eagle Pass, Texas, after determining he unlawfully entered the United States without inspection, admission or parole by an immigration official. U.S. Border Patrol officials served the noncitizen with a notice to report and turned him over to ERO Del Rio's custody for enrollment in the Intensive Supervision Appearance Program, which is part of the Alternatives to Detention program.

ERO Del Rio enrolled the noncitizen in the June 17, 2022, with instructions to report to the field office closest to his intended residence. On Aug. 17, 2022, the noncitizen reported to ERO New York City as directed. ERO New York City's Alternatives to Detention officials confirmed the noncitizen's phone number, instructed him to return for further processing on Jan. 4, 2024, and terminated him from the program. The noncitizen did not report for his appointment as instructed.

On Oct. 5, 2023, the New York City Police Department arrested the noncitizen for felony second-degree robbery, second-degree assault: causing injury to non-participant during the commission of a felony, and second-degree criminal possession of a weapon: loaded firearm. On the same date, the Queens County Criminal Court arraigned the noncitizen of second-degree felony criminal possession of a weapon: loaded firearm.

On Jan. 10, 2024, the Queens County Criminal Court convicted the noncitizen of second-degree assault: causing injury to non-participant during the commission of a felony.

ERO New York City's Criminal Apprehension Program in Manhattan lodged an immigration detainer with the New York City Department of Corrections' Rikers Custody Management Unit against the noncitizen's release Jan. 26. On the same date, the New York City Department of Corrections at Rikers Island acknowledged receipt of the detainer and informed ERO New York City's Criminal Apprehension Program in Manhattan that it would honor the detainer and maintain custody of the noncitizen as requested, given that the second-degree assault conviction made it permissible within the Department of Correction's guidelines.

On Feb. 16, the Queens County Criminal Court convicted the noncitizen of disorderly conduct and sentenced him to a conditional discharge with an order of protection.

On March 5, the Queens County Criminal Court sentenced the noncitizen to 364 days of confinement for the second-degree assault conviction.

NYPD arrested the noncitizen July 11, while he was in New York City Department of Corrections custody at Rikers Island, for third-degree assault: intent to cause physical injury. On July 29, the Queens County Criminal Court adjourned that case in contemplation of dismissal in accordance with New York Consolidated Laws.

On Aug. 25, the NYPD again arrested the noncitizen while he was in New York City Department of Corrections custody at Rikers Island for second-degree criminal possession of a weapon: loaded firearm, second-degree assault: with intent to cause serious physical injury, third-degree assault: with intent to cause physical injury, and second-degree harassment: physical contact. On the same date, the Queens County Criminal Court arraigned the noncitizen on these charges. That case is still pending.

On Sept. 5, the NYPD arrested the noncitizen for the third time while he was in New York City Department of Corrections custody at Rikers Island for two counts of second-degree felony criminal possession of a weapon and third-degree criminal possession weapon: previous conviction criminal in possession of a firearm. The Kings County Supreme Court arraigned the noncitizen on those charges Oct. 4. The case remains pending.

The New York City Department of Corrections at Rikers Island contacted ERO New York City's Criminal Apprehension Program in Manhattan Oct. 11 to turn the noncitizen over to ERO per the detainer request.

As part of its mission to identify and arrest removable noncitizens, ERO lodges immigration detainers against noncitizens who have been arrested for criminal activity and taken into custody by state or local law enforcement. An immigration detainer is a request from U.S. Immigration and Customs Enforcement to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody. Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing ERO to assume custody for removal purposes in accordance with federal law.

Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved - ERO personnel, law enforcement officials, removable noncitizens and the public - by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Because detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.

ERO conducts removals of individuals without a lawful basis to remain in the United States, including at the order of immigration judges with the Justice Department's Executive Office for Immigration Review . The Executive Office for Immigration Review is a separate entity from the Department of Homeland Security and ICE. Immigration judges in these courts make decisions based on the merits of each individual case, determining if a noncitizen is subject to a final order of removal or eligible for certain forms of relief from removal.

As one of ICE's three operational directorates, ERO is the principal federal law enforcement authority in charge of domestic immigration enforcement. ERO's mission is to protect the homeland through the arrest and removal of those who undermine the safety of U.S. communities and the integrity of U.S. immigration laws, and its primary areas of focus are interior enforcement operations, management of the agency's detained and non-detained populations, and repatriation of noncitizens who have received final orders of removal. ERO's workforce consists of more than 7,700 law enforcement and non-law enforcement support personnel across 25 domestic field offices and 208 locations nationwide, 30 overseas postings, and multiple temporary duty travel assignments along the border.

Members of the public can report crimes or suspicious activity by dialing 866-DHS-2-ICE (866-347-2423) or completing the ICE online tip form.

Learn more about ERO New York City's mission to increase public safety in our New York City communities on X, formerly known as Twitter, at @ERONewYork.

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