On Wednesday, October 16th, a Venezuelan migrant involved in a notorious attack on two NYPD officers in Times Square was taken into custody by U.S. Immigration and Customs Enforcement (ICE) after serving a reduced jail sentence. Darwin Andres Gomez-Izquiel, one of several migrants who attacked police officers during a violent confrontation in January, was arrested by ICE agents on October 10th after serving three-quarters of a one-year sentence for second-degree assault.
Gomez-Izquiel was sentenced in July under the “1 Day to Protect New Yorkers Act,” a state law that permits a 364-day sentence, making individuals eligible for early release and, in some cases, shielding them from deportation. After his release from Rikers Island, he was immediately detained by ICE for deportation proceedings.
ICE officials indicated they had to rely on media reports to track the case due to limited cooperation from local authorities. New York City’s sanctuary policies restrict collaboration with federal immigration agencies. “Gomez-Izquiel is a criminal and a threat to public servants, residents, and businesses in New York City,” said Kenneth Genalo, Director of ICE’s New York City Field Office. “We will not allow our communities to become safe havens for noncitizens who refuse to follow our laws.”
The January 27th incident, in which Gomez-Izquiel was captured on surveillance footage kicking one officer and grabbing another, received widespread attention. Despite the violent nature of the attack, he received a lenient sentence, which critics argue reflects the state’s soft stance on crime and criminal justice reforms.
New York’s sanctuary city status typically prevents local authorities from cooperating with ICE, often leading to tension between city officials and federal immigration enforcement. However, in this case, ICE was able to detain Gomez-Izquiel after his release, marking a rare instance of local compliance with a federal detainer request.
Gomez-Izquiel first crossed the U.S. border in August 2023 but returned to Mexico after withdrawing his asylum request. He was later caught re-entering the country illegally in October 2023 and remained in the U.S. pending an immigration hearing. His most recent arrest followed extensive media coverage, which helped ensure authorities took action.
The attack on NYPD officers and Gomez-Izquiel’s re-arrest has reignited debates over New York’s sanctuary policies and lenient sentencing laws, particularly for violent offenders. NYPD Detective Bureau Assistant Chief Jason Savino expressed concern over the rising number of crimes committed by migrant gangs, including the group “Los Diablos de la 42,” linked to multiple incidents across the city.
ICE has confirmed that Gomez-Izquiel remains in custody pending deportation proceedings.
