ERO New York City arrests Venezuelan noncitizen and Tren de Aragua gang member convicted of criminal possession of a firearm

“Sanctuary jurisdictions undermine public safety and put our communities at unnecessary risk,” said ERO New York City Field Office Director Kenneth Genalo. “New York City and state leaders should reevaluate the policies that prevent local law enforcement from cooperating with ERO. It is unconscionable this felon was running free in New York for the last three weeks when he could have immediately been apprehended upon release from local custody. Thankfully, through the due diligence of our courageous officers and our law enforcement partners, this individual was swiftly apprehended and denied the ability to reoffend.”

ICE NYC says a confirmed Venezuelan Tren de Aragua gang member who was caught & released at the TX border in September 2022 was repeatedly protected by sanctuary policies & released from local custody after being arrested on gun charges in NYC this year. 

ICE says Javier Jose Albornoz Marchan, a 22-year-old illegal alien from Venezuela, was arrested for shoplifting in Woodbridge in January. ICE placed a detainer on him two days later, but says the Middlesex County Jail in NJ ignore it and released him the same day. 

In March, NYPD arrested him for more serious crimes: criminal possession of a weapon - loaded firearm, loaded firearm on school grounds, criminal possession of a controlled substance with intent to to sell, and acting in a manner to injure a child. 

ICE says they placed a detainer on him with Rikers Island in April, and after he was convicted of the crimes last month, making him a convicted felon, Rikers Island released him into the community, ignoring ICE’s detainer & not notifying ICE of the release. 

ICE NYC says the FBI notified them last Friday about threats Albornoz had made to law enforcement, and requested help with apprehending him. 

Albornoz was found & arrested by ICE the very next day (last Saturday) on Staten Island. He remains in federal custody. 

ICE NYC is blasting sanctuary sanctuary policies in a statement about this case:

“Sanctuary jurisdictions undermine public safety and put our communities at unnecessary risk,” said ICE New York City Field Office Director Kenneth Genalo. “New York City and state leaders should reevaluate the policies that prevent local law enforcement from cooperating with ICE. It is unconscionable this felon was running free in New York for the last three weeks when he could have immediately been apprehended upon release from local custody.”