New disclosures ignite a political and public safety firestorm
A newly released set of federal documents has put New York’s sanctuary policies under the harshest national spotlight yet. According to the Department of Homeland Security (DHS), nearly 7,000 criminal noncitizens—including individuals with charges for homicide, rape, child exploitation, and even an assault on a police officer with a machete—were released from state or local custody this year without notification to Immigration and Customs Enforcement (ICE).
Federal officials say the data confirms a systemic breakdown between state law enforcement and federal immigration authorities, one that has now escalated into a direct confrontation with New York’s top officials. At the center of this conflict are long-standing sanctuary laws that sharply limit cooperation with ICE.
The numbers are staggering. And so are the stories behind them.
Federal officials say the releases pose a national security concern
In a sharply worded demand letter sent Monday, acting ICE Director Todd Lyons urged New York Attorney General Letitia James to hand over more than 7,100 criminal migrants currently incarcerated in the state’s jails and prisons. His message left no room for interpretation.
“Virtually all Americans agree that people like this should be swiftly removed from the United States,” Lyons wrote, stressing that these individuals should not “be returned to our streets to wreak havoc on law-abiding citizens.”
The letter accuses New York authorities—state and local—of repeatedly refusing to honor federal detainers, even when ICE filed judicial warrants authorizing custody transfer. DHS argues that this behavior directly enabled violent offenders to walk free.
New York officials, however, maintain that the state’s sanctuary policies follow the law and remain consistent with due-process principles. That tension now defines the growing standoff.
Cases that alarmed federal authorities
DHS included a supplemental file outlining several of the most troubling examples in recent months. While hundreds of cases raised red flags, a handful were so alarming that they have become emblematic of the current crisis.
1. A machete attack — followed by release
Perhaps the most shocking case involves Jesus Romero Hernandez, a 27-year-old Mexican national.
Hernandez had already been removed from the United States seven times before he violently attacked an Ithaca police officer with a machete, according to federal reports. After serving a 179-day sentence, the Tompkins County Sheriff’s Office released him in January despite a federal warrant and signed immigration detainer.
ICE eventually recaptured Hernandez on November 5 and deported him for the eighth time. DHS officials called the episode “extraordinary negligence.”
2. A child-sex predator avoided ICE — thanks to probation rules
Another example cited by DHS involves Vyacheslav Danilovich Kim, a 24-year-old Uzbekistan-born migrant convicted of sexual crimes involving minors. He believed he was meeting a 13-year-old girl for sex when he was arrested.
After conviction, Kim received time served and probation. Yet probation officers refused to assist ICE, making it nearly impossible to detain him upon release. He was only captured in September 2024 by tracking his appointment schedule.
3. An attempted murderer released without bail
ICE agents also detained Steven Daniel Henriquez Galicia, a Dominican national who illegally entered the U.S. in 2016.
Despite being charged with attempted murder after allegedly firing a gun at two people in a Bronx residential lobby, Galicia was released on cashless bail, even though prosecutors requested $300,000 bond. ICE later arrested him and found him still living in the Bronx.
4. A gang-affiliated gun offender freed, then re-arrested
Another case detailed by DHS involved Anderson Smith Satuye Martinez, a reported Crips gang member and Honduran national.
He was arrested in August after officers discovered a loaded Ruger pistol and drugs in his vehicle. Despite a previous assault conviction and an active detainer, he was freed under the city’s bail policies. ICE eventually detained him on September 11.
These cases, DHS argues, are symptomatic of a larger institutional issue.
DHS demands immediate transfer of 7,113 incarcerated migrants
The agency’s letter reveals that 7,113 migrants currently incarcerated in New York have active ICE detainers — meaning federal authorities intend to deport them once their sentences end. DHS wants them transferred now, not later.
Collectively, these inmates are responsible for:
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148 homicides
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717 assaults
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134 burglaries
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106 robberies
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235 dangerous drug offenses
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152 weapons offenses
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260 sexual predatory offenses
ICE argues that releasing any of these individuals before their cases are transferred to federal custody poses a public safety threat both inside and outside New York.
Why New York isn’t turning them over
The struggle stems largely from sanctuary laws enacted during the administrations of former Gov. Andrew Cuomo and former New York City Mayor Bill de Blasio.
Statewide Sanctuary Restrictions
A 2017 Cuomo executive order prohibits law enforcement from using state resources to assist federal immigration enforcement unless under specific, limited conditions.
City-Level Sanctuary Expansion
New York City’s policies go even further. The NYPD and Department of Correction cannot honor ICE detainers unless:
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The individual has been convicted of a violent crime.
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ICE presents a judicial warrant, not an administrative one.
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The person appears on the federal terror watchlist.
Critics argue these rules are so restrictive that they effectively block ICE from receiving custody even in clear-cut cases involving violent criminals.
Gov. Kathy Hochul’s position adds complexity
Despite the state’s sanctuary posture, Gov. Hochul has stressed she is open to cooperating with federal immigration officials when specific criteria apply — such as gang activity, international cartel links, or active criminal investigations.
Her office says New York has turned over more than 1,300 migrants to ICE since she took office.
But DHS officials counter that this number represents only a fraction of those who should be transferred.
AG Letitia James refers DHS to Hochul — escalating tensions
The Monday letter follows a similar communication DHS sent on September 12. At that time, Attorney General Letitia James responded by deferring all immigration-detainer issues to Gov. Hochul’s office.
She claimed the AG’s office does not manage local detainers and cannot enforce uniform statewide cooperation with ICE due to varying local laws.
DHS called that response inadequate.
Federal officials accuse New York of releasing “barbarians”
This latest letter ends with a jarring question aimed at the Attorney General:
“Please confirm whether the State of New York plans to honor detainers on these aliens or whether each of these barbarians will someday walk the streets of New York again.”
DHS Assistant Secretary Tricia McLaughlin sharpened the criticism even further in a statement to the press, accusing New York leaders of endangering American lives.
“Attorney General James and her fellow New York sanctuary politicians are releasing murderers, terrorists, and sexual predators back into our neighborhoods,” she said.
McLaughlin insisted the state must stop “this dangerous derangement” and immediately comply with all federal detainer requests.
The political pressures — from the White House, DHS, and federal prosecutors — appear to be rising by the day.
A rapidly evolving confrontation
As federal officials push for clarity, New York’s legal and political leadership faces mounting scrutiny. Sanctuary laws have long been debated, but the sheer volume and severity of the cases described by DHS has brought national attention — and national outrage.
Whether the state will shift its policies, negotiate new cooperation terms, or stand firm remains unknown. What’s clear is that both sides are bracing for a prolonged legal showdown with enormous implications for public safety, state autonomy, federal authority, and immigration enforcement nationwide.
James Jenkins is a celebrated Pulitzer Prize-winning author whose work has reshaped the way readers think about social justice and human rights in America. Raised in Atlanta, Georgia, James grew up in a community that instilled in him both resilience and a strong sense of responsibility toward others. After studying political science and creative writing at Howard University, he worked as a journalist covering civil rights issues before dedicating himself fully to fiction. His novels are known for their sharp, empathetic portraits of marginalized communities and for weaving personal stories with broader political realities. Jenkins’s breakout novel, Shadows of Freedom, won national acclaim for its unflinching look at systemic inequality, while his more recent works explore themes of identity, resilience, and the fight for dignity in the face of oppression. Beyond his novels, James is an active public speaker, lecturing at universities and participating in nonprofit initiatives that support literacy and community empowerment. He believes that storytelling is a way to preserve history and inspire change. When not writing, James enjoys jazz music, mentoring young writers, and traveling with his family to explore cultures and stories around the world.
