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By Alice Gibbs, Marni Rose McFall, Hannah Parry, and Joshua Rhett Miller
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A judge has temporarily blocked the deportation of Oscar Belgal after he was shot by a U.S. Immigration and Customs Enforcement (ICE) agent in New York City on Thursday.
In a two-page order, U.S. District Judge Paul Oetken, an Obama appointee, ruled that Belgal cannot be removed from the United States while his habeas petition challenging his detention makes its way through the courts. The judge also barred ICE from transferring Belgal to a facility in a state outside of New York or New Jersey.
However, it appears that ICE may have already moved him out of state.
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In a Friday press conference, ICE official Marcos Charles told reporters, “Because of Mr. Belgal’s lengthy criminal history and known fleeing, we placed him in a detention facility outside of the state of New York."
Charles said that ICE agents had attempted to arrest Belgal on Thursday, but he stated that the 28-year-old had "refused lawful orders to exit his vehicle... then accelerated his vehicle, smashing into two of our government ICE vehicles, and then weaponized his vehicle and proceeded to accelerate going towards other officers."
"Our officers, using their training and believing that their life and the life of their partners and the general public were in danger, used their training and fired weapons," he added.
The Department of Homeland Security (DHS) sent Newsweek a photo of Belgal, confirming that an ICE officer "discharged his weapon and the criminal illegal alien was injured."
"At least one ICE agent discharged seven rounds, striking the driver in the neck below his left ear," NYC Police Commissioner Jessica Tisch told reporters on Thursday night, citing evidence collected at the scene. She added that members of the NYPD were responding to an unrelated call nearby when they heard a report of the shots fired and responded to the scene.
"When they arrived, they encountered several men in various forms of attire, including some in construction-style vests, face masks, and at least one carrying a long gun," Tisch said. "Our officers also encountered the injured individual handcuffed and seated on the ground. Our officers immediately placed him into an NYPD vehicle and rendered aid."
Video released early Friday by New York police showed officers assisting Belgal at the scene.
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Who Is Oscar Belgal?
Belgal, 28, was described by DHS as "a criminal illegal alien from the Dominican Republic with a prior criminal conviction for grand larceny, and multiple prior arrests for assault, robbery, possession of drugs, and weapons possession."
He was driving with his 5-year-old child in the car in the Marble Hill neighborhood of the Bronx, at around 4 p.m. on October 8, when an ICE agent shot him, New York Mayor Zohran Mamdani said Thursday. The child was unharmed.
Tisch later told reporters that police believe the child to be Belgal's son. She added that, subject to wellness checks, the child was taken into the care of a family member.
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DHS said Belgal is associated with the Trinitarios gang, which shot a CBP agent last year. New York court records show Belgal was arrested in December 2023 and in January 2025.
He is the defendant in multiple pending criminal cases, including cases involving robbery, weapons, menacing, and drug- and theft-related charges. Court records indicate Belgal has pleaded not guilty to those charges.
Charles told reporters at the Friday press conference that Belgal had been "involved the shooting of a CBP officer two years ago," and that the "gang that he runs with is known for theft using weapons and mopeds."
The ICE official said that Belgal was currently the target of a Homeland Security investigation, and had evaded law enforcement during a previous arrest attempt in September.
What Is the Trinitarios Gang?
The Trinitarios is a Dominican American criminal street gang that originated on Rikers Island in New York in 1993. According to federal prosecutors, the group was initially formed by Dominican inmates for protection inside the jail and later expanded into a street gang with a presence in New York and other parts of the United States.
The U.S. Department of Justice describes the gang as a hierarchical organization with local chapters and written rules governing membership, discipline and gang activities.
Despite the DHS statement linking Belgal to the gang, no independent evidence of any gang involvement has been made public.
Protesters Clash With Law Enforcement
As news of Belgal's shooting spread, so did outrage, with protests beginning in the Bronx.
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Protesters clashed with law enforcement in the city overnight as demonstrators marched to the hospital where Belgal is being treated. Some protesters shoved at police barriers and threw water bottles.
Signs that read "ICE out of NYC" were carried, and protesters chanted, "Set him free, let him stay, full rights for immigrants," and "We want ICE off our streets."
A video shared to social media appears to show Darializa Avila Chevalier, Democratic candidate for U.S. House in New York's 13th Congressional District, being knocked to the ground during the protest.
The NYPD confirmed early on Friday that at least five protesters were arrested.
Democrats Condemn Shooting As Republicans Quiet
Democrat lawmakers have been quick to condemn the shooting, but these statements have been met with relative silence from the GOP.
Congresswoman Alexandria Ocasio-Cortez, who represents New York’s 14th district, said in a statement shared to Instagram that the shooting is a "grave development." She added that it requires a swift response to protect the safety of New Yorkers. Ocasio-Cortez called for a full and independent investigation of the incident, and the release of body camera footage of the incident.
"ICE’s already unwelcome presence in our city has been growing more escalatory and dangerous by the day," she said.
New York Senator Chuck Schumer, the Senate Democratic Leader, said in a post on X that the shooting was "deeply disturbing."
"Enough is enough," Schumer said. He called for a release of body camera footage and an independent investigation. "DHS can make all the claims it wants. The footage will speak for itself."
Mamdani condemned the shooting during a news conference on Thursday night. He said he had spoken with President Donald Trump and Department of Homeland Security Secretary Markwayne Mullin to negotiate the man's release, but that "those negotiations were unsuccessful."
A White House official confirmed to Newsweek that Trump and Mamdani spoke late Thursday, but did not provide specifics of their conversation.
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The mayor said he wanted ICE officers out of New York. He added: "What happened today was an outrage. When ICE agents opened fire, a 5-year-old child was in the back seat of the car. Thank God, that child is physically unharmed.
"We know that ICE is rotten to its core. Today's shooting is only further devastating confirmation of what we have long known," Mamdani said.
New York Governor Kathy Hochul also called for a halt to ICE enforcement operations in the city. She said she, too, spoke with the president and Mullin about the shooting late on Thursday.
"New Yorkers have witnessed far too many acts of violence by a rogue federal agency and untrained agents that operate with impunity," Hochul wrote.
House Minority Leader Hakeem Jeffries, who represents the 8th congressional district in Brooklyn, called for a full independent investigation into what he described as "rogue" behavior. He added that he was "deeply disturbed" by reports that a man was shot with a child in the vehicle.
New York State Senator Julia Salazar meanwhile said that she was "horrified" to hear about the shooting. "A U.S. federal agency that shoots and even murders people on the street should not exist," she wrote in a post on X.
Homeland Security Secretary Markwayne Mullin told press on Friday: "We’re not putting a pause on enforcement. I'm sorry, we're not. In fact, I'm not sorry."
He hit out at Mamdani, adding: "He throws a, as I would say in the Oklahoma, a ring tail FIT about this criminal. It’s hypocrisy. It’s not actually truthful. It’s all about show and tell. It’s political theater."
A DHS spokesperson also told Newsweek: "When dangerous illegal aliens are released back onto the streets by radical sanctuary politicians, our officers are forced to make arrests at large in the community in unpredictable and dangerous environments. Our officers should not have to risk their lives, and innocent Americans should not have to face unnecessary danger, because sanctuary politicians refuse to cooperate with federal law enforcement."
Meanwhile, the Trump administration and GOP lawmakers have so far been quiet on the shooting.
Previously, in the wake of ICE shootings, Republicans have issued statements in support of officers. Amid fallout over the fatal shootings of Renee Good and Alex Pretti during Operation Metro Surge in January of 2026, Vice President JD Vance said in a statement, "I want every ICE officer to know that their president, vice president & the entire administration stands behind them."
Contact Newsweek editors on this story: Matthew Robinson. James Debens and Shakeema Edwards.
Update, 10/09/26 08:21 a.m. ET: This article has been updated with additional information.
Update 10/09/26 10:34 a.m. ET: This article has been updated with additional information.
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