A federal judge appointed by former President Barack Obama has temporarily blocked the Department of Homeland Security from deporting Oscar Belgal, a Dominican national who was wounded during an encounter with Immigration and Customs Enforcement officers in New York City.
U.S. District Judge J. Paul Oetken issued the order Friday, ruling that Belgal cannot be deported while his petition challenging his detention remains pending. The judge also prohibited federal authorities from transferring him to a facility outside New York or New Jersey.
The ruling comes after Thursday's confrontation, during which DHS said Belgal attempted to use his vehicle to ram ICE officers. The 28-year-old was slightly wounded when agents opened fire. The incident sparked protests and criticism from immigration activists, particularly because Belgal's five-year-old child was reportedly inside the vehicle.
According to reports, Belgal entered the United States illegally in 2022 and has a criminal record that includes a 2023 conviction for armed robbery. He was also arrested in 2025 on allegations involving the sale of fentanyl, cocaine and heroin.
The shooting has intensified the political dispute over immigration enforcement in New York City, where Democratic Mayor Zohran Mamdani has called for ICE to be abolished. Administration officials have defended the officers' actions, arguing that the encounter posed a threat to law enforcement personnel.
Homeland Security Secretary Markwayne Mullin criticized the response from local political leaders and argued that the officers did not know a child was inside the vehicle when the confrontation occurred.
"We weren't aware the child was in the car, I can tell you that. But, do you know who was? Oscar," Mullin said, according to NBC News.
Mullin argued that Belgal was responsible for placing the child in danger, alleging that he accelerated at high speed and rammed two vehicles while appearing to move toward officers. He said public criticism should also focus on the danger posed by the driver's alleged actions.
The incident has drawn protests outside ICE offices in New York, with activists condemning the use of force. The administration has maintained that officers faced a dangerous situation.
Oetken's order addresses Belgal's immediate detention and transfer while his legal challenge is pending. It does not resolve the underlying immigration case or determine whether the shooting was justified. No final ruling on his petition was described in the provided reporting.
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