Queens Council Member Robert Holden has voiced concerns over New York City’s sanctuary city laws following an Immigration and Customs Enforcement (ICE) report revealing that a Venezuelan gang member, convicted of criminal possession of a firearm, was twice released into the community after local jurisdiction ignored ICE detainer requests.
Holden’s comments came after ICE reported the arrest of Javier Jose Albornoz Marchan, a 22-year-old Venezuelan national and member of the Tren de Aragua criminal gang, who is unlawfully present in the United States.
ICE’s Enforcement and Removal Operations (ERO) arrested Albornoz on Staten Island on Saturday, Sept. 28, after he allegedly made threats against local law enforcement officers.
Albornoz was previously arrested by the NYPD on March 27 for criminal possession of a firearm and drug-related offenses and was convicted by the Bronx Supreme Court on Sept. 5. ICE alleged that the New York City Department of Corrections ignored an ICE detainer and released Albornoz into the community the following day, without notifying ERO.
Having first entered the U.S. in Sept. 2022 near El Paso, Texas, Albornoz was also arrested for shoplifting in New Jersey in June 2023, as well as in January for shoplifting and possession of burglary tools. Following his January arrest, ERO Newark lodged an immigration detainer with the Middlesex County Jail in North Brunswick, but ICE alleges that the detainer was ignored, and Albornoz was released back into the community.
Kenneth Genalo, ERO New York City Field Office Director, criticized sanctuary jurisdictions and argued that current legislation jeopardizes public safety. He urged state leaders to reassess policies that prevent local law enforcement from working with ICE 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,” Genalo said in a statement.
Holden responded to Genalo’s comments, emphasizing that the incident underscores the dangers of sanctuary city policies.
“It’s deeply concerning when you hear federal law enforcement officials, like Director Kenneth Genalo, warn that ‘sanctuary jurisdictions undermine public safety and put our communities at unnecessary risk,'” Holden stated. “With the insanity of open borders, sanctuary city laws put New Yorkers in danger. When will our so-called leaders wake up?”
Holden, who represents District 30 in Queens encompassing Maspeth, Middle Village, and parts of Glendale, Ridgewood, Elmhurst, and Rego Park, has consistently advocated for the repeal of New York’s sanctuary city laws, which prevent local law enforcement from honoring ICE detainer requests. Along with members of the New York City Council’s Common Sense Caucus, he recently introduced legislation aiming to overturn these laws. Holden has also called on Gov. Kathy Hochul to sign an executive order allowing municipalities like New York City to temporarily suspend sanctuary city regulations.
