One of the immigrants who kicked a police officer in the now-infamous Times Square brawl was arrested by federal immigration officials after serving a slap-on-the-wrist prison sentence for assault.
Darwin Andres Gomez-Izquiel, a member of a gang of unruly thugs involved in the Jan. 27 assault of two New York City police officers, served a quarter of his one-year sentence. He served only 3 years in prison.
But when he was released on Oct. 10, federal authorities were waiting, U.S. Immigration and Customs Enforcement officials said this week.
Sources said ICE received no assistance from city officials and federal authorities were following the case through media reports and social media posts.
“Gomez Izquiel is a criminal and a threat to New York City public officials, residents, and businesses,” New York City Field Office Director Kenneth Gennaro said in a statement Wednesday. “We will not allow our communities to become safe havens for noncitizens who refuse to abide by our laws.”
The Venezuelan migrant pleaded guilty to his role in the July assault but was given a lenient 364-day “city year” sentence as part of the country's anti-crime reforms.
The Protect New Yorkers One Day Act, first enacted in 2019, is one of several moves by the state Legislature to curb harsher penalties for criminal suspects in the state.
The one-day short sentence per year, which makes incarcerated suspects eligible for early release, is designed, at least in part, to allow immigrants who commit fraud to be released early and avoid deportation. are.
Like Gómez Izquiel, city inmates are often released after completing three-quarters of their sentences.
“'City Year' was a way for them to circumvent immigration laws,” a Department of Homeland Security official told the Post. “That's what they did. They aimed to protect immigrants from deportation.
“If there's violence involved, they shouldn't be given a city year.”
Gomez-Izquiel was incarcerated from February 15 to October 10, and was released from Rikers Island after serving time for second-degree assault, according to city Department of Corrections officials. He was then detained by ICE “in accordance with local law.”
New York City's “sanctuary” designation has often led to conflicts between city and federal authorities.
This voluntary status usually prevents cooperation with local immigration authorities, who often come to deport migrants only to find out they have been released.
Gomez Izquiel was part of a high-profile group of migrants who jumped two police officers, an incident that was caught on surveillance camera footage and sparked outrage across the five boroughs.
He first crossed the U.S. border in Texas' Rio Grande Valley on Aug. 23, 2023, and was sent packing after dropping his asylum claim two days later, ICE said.
Gómez Izquiel was arrested again at the border on October 3, 2023, and this time he was allowed to remain in custody until his immigration hearing, scheduled for June 4 of this year, but by the time that day arrived, he was in jail. It was put in.
One law enforcement official credited the Post and other media outlets with drawing public attention to developments in Gómez-Izquiel and other cases, making it easier for ICE to arrest him.
“If this had not been in the newspapers, he would have been released,” the source said. “This is a step in the right direction.”
— Additional reporting by Amanda Woods
