Federal Judge Halts Deportation of Immigrant Shot by ICE in NYC
A temporary restraining order prevents the man's removal from the U.S. while his detention case is ongoing.
A federal judge has temporarily blocked the deportation of an undocumented immigrant who was shot by U.S. Immigration and Customs Enforcement (ICE) officers during an arrest attempt in New York City.
U.S. District Judge Paul Oetken issued a two-page order stating that the individual, identified by police as Oscar Belgal and in court documents as Oscar Bergal, cannot be removed from the United States without a court order while his petition challenging his detention remains pending. The judge also prohibited federal authorities from transferring him to a facility outside the Southern or Eastern Districts of New York or the District of New Jersey without prior court approval.
ICE officers were conducting an operation to arrest the 28-year-old Dominican national in the Bronx on Thursday when the incident occurred. According to the Department of Homeland Security, the suspect refused to comply with lawful orders and drove his vehicle forward before officers fired seven rounds, striking him. NYPD Commissioner Jessica Tisch stated that the suspect was hit below his left ear.
ICE officials said their officers used their vehicles to block the suspect as he attempted to drive away, but he accelerated toward them. Marcos Charles, a senior ICE official, stated that officers fired their weapons believing their lives and the lives of the public were in danger. A 5-year-old boy was in the vehicle during the encounter but was unharmed. The suspect survived the shooting and received medical treatment at a local hospital.
ICE agents were reportedly unaware that a child was in the vehicle, but Charles indicated the suspect was aware and placed the child at risk by attempting to evade law enforcement.
The NYPD was not involved in the shooting itself but released bodycam footage captured after the gunfire. The video shows the suspect on the ground, handcuffed, as officers arrive at the scene amid audible expressions of anger from a nearby crowd.
According to DHS, the suspect has a prior conviction for grand larceny and faced previous arrests for assault, robbery, drug possession, and weapons possession. Federal authorities also allege he has ties to the Trinitarios street gang.