Federal Judge Blocks Deportation of Illegal Immigrant Shot by ICE in New York City

A federal judge appointed by former President Barack Obama has halted the deportation of an illegal immigrant who was shot by an Immigration and Customs Enforcement (ICE) agent in New York City.

Judge J. Paul Oetken ruled on Friday that Oscar Bergal, 28, cannot be immediately deported back to the Dominican Republic following the shooting in the Bronx on Thursday. The judge issued the order to preserve the court's jurisdiction and restricted Bergal's transfers to facilities within the Southern or Eastern Districts of New York.

According to the Department of Homeland Security, Bergal is an illegal immigrant with a criminal history that includes arrests for grand larceny, assault, and robbery, and he has known affiliations with the Trinitarios gang. Federal agents were reportedly targeting Bergal as part of an enforcement operation in New York City that included investigating the Trinitarios gang's alleged involvement in a moped shooting.

Following the shooting, Bergal was taken to a hospital with non-life-threatening injuries. Officials stated he has since been released and is currently detained by ICE. His attorneys filed a challenge to his detention, leading to Judge Oetken's ruling.

Details surrounding the shooting indicate that an ICE agent discharged his weapon during an enforcement raid around 4 p.m. on Thursday. Bergal was struck in the neck while his five-year-old son was in the backseat of his vehicle. ICE officials asserted that Bergal's vehicle was "weaponized" and driven at agents, prompting the use of force. Marcos Charles, executive director of ICE removal operations, stated the government intends to pursue criminal charges against Bergal and will continue efforts to remove him from the country.

Despite the judge's order requiring Bergal to remain within New York's Southern or Eastern Districts, ICE indicated he may have already been moved. Charles stated on Friday morning that Bergal was placed in a detention facility outside of New York due to his criminal history and flight risk. The exact location of his detention is unclear.

Bergal's attorneys expressed grave concerns for his health and well-being after he was reportedly transferred from the hospital to an undisclosed location by ICE vehicles. His name was not appearing on ICE's online detainee portal, and attorneys had been unable to contact him.

The shooting and subsequent events have sparked protests in New York City, with activists and Mayor Zohran Mamdani leading demonstrations against ICE's operations. Mamdani called ICE "rotten to the core" and stated the city wants ICE agents out, arguing that their presence undermines public safety. New York Governor Kathy Hochul also expressed outrage and urged federal officials to halt ICE enforcement operations in the city, requesting the release of any body camera footage related to the shooting.