ERO New York City apprehends 4 noncitizens charged with burglary and assault, places detainer on another

NEW YORK — On April 10, Enforcement and Removal Operations (ERO) New York City Fugitive Operations officers apprehended four out of five unlawfully present noncitizens — all of whom the NYPD arrested April 2, after they were caught shoplifting from a Target store in Manhattan. The individuals were charged with crimes of robbery; assault with intent to cause injury to an officer, fireman, EMT, nurse or crossing guard; resisting arrest; criminal possession of stolen property; and obstructing governmental administration. Four were released on their own recognizance after local arraignment.

The four individuals taken into ICE custody are 31-year-old Venezuelan citizen Michael Jose Sanchez Mayo; 19-year-old Venezuelan citizen Henry Omar Zambrano Zapata; 22-year-old Colombian citizen Sebastian Jaramillio Balanta; and 23-year-old Venezuelan citizen Yusneibi Yohana Machado Avila. All were arrested without incident and are in custody pending removal proceedings.

On April 9, ERO New York City lodged an immigration detainer with the New York Department of Corrections’ Rikers Island Custody Management Unit against the release of Brayan Freites-Macias, the fifth individual arrested by the NYPD, who was remanded to custody after arrest. Freites, 21, is an unlawfully present Venezuelan citizen also amenable to removal from the United States.

“ERO New York City will utilize all of its resources to protect our residents from those who come to the United States and become a threat to public safety,” said ERO New York City Field Office Director Kenneth Genalo. “Once again, I commend our officers for their dedication to ensuring that criminal noncitizens who are released from local custody are apprehended before they can further harm anyone in our communities.”

U.S. Border Patrol encountered Avila on Dec. 4, 2023, and issued a notice to appear ordering her to attend immigration removal proceedings. She was released on recognizance, per guidelines, due to lack of space. On Jan. 18, the NYPD arrested Machado for criminal trespass in the second degree-enter or remain unlawfully in a dwelling.

U.S. Border Patrol encountered Zapata on May 4, 2023, near Brownsville, Texas. He was issued a notice to appear and released on recognizance.

Jaramillo Balanta is an unlawfully present, recent border entrant who is amenable to removal pursuant to immigration law. On March 25, Jaramillo Balanta was convicted by the New York County Criminal Court for assault in the third degree: recklessly cause physical injury and sentenced to time served.

Mayo unlawfully entered the United States without inspection, parole or admission by an immigration official and is amenable to removal pursuant to immigration law.

U.S. Border patrol encountered Freites-Macias on Dec. 4, 2023, in El Paso, Texas. Freites was served with a notice to appear, placed into removal proceedings and released on recognizance. On Jan. 18, the NYPD arrested Freites for criminal trespass in the second degree-enter or remain unlawfully in a dwelling. Freites was convicted April 5 by the Richmond County Criminal Court for disorderly conduct.

For additional information about local charges or judicial process, please contact the appropriate agency or office.

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 ICE 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. Each detainer is accompanied by a Congressionally authorized administrative warrant of arrest.

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 arrests to be made in secure and controlled custodial settings 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. When law enforcement agencies fail to honor immigration detainers and release serious criminal offenders onto the streets, it undermines ERO’s ability to protect public safety and carry out its mission.

Officers prioritize enforcement actions in accordance with the Guidelines for the Enforcement of Civil Immigration Law issued by Department of Homeland Security Secretary Alejandro N. Mayorkas on Sept. 30, 2021, and reinstituted on June 28 — obtaining and reviewing entire criminal and administrative records and any other investigative information available when taking decisive law enforcement actions.

As one of U.S. Immigration and Customs Enforcement’s (ICE) 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 with information regarding child sex offenders are encouraged to report crimes or suspicious activity by dialing the ICE Tip Line at 866-DHS-2-ICE (866-347-2423) or completing the online tip form.

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

Source: U.S. Immigration and Customs Enforcement (ICE.gov)