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immigration
Death of Nearly Blind Man Abandoned in Freezing Temps by Trump Border Agents Ruled 'Homicide'
"The absolute disregard for his well-being by the DHS agents is ghastly. He should be alive today," said one advocate for refugees.
Apr 02, 2026
The Trump administration's response was swift following the news that the death of a nearly blind New York man who was left by US Border Patrol agents in the freezing cold was ruled a homicide—and it made clear that the Department of Homeland Security has no intention of taking accountability for the agents' actions that preceded the 56-year-old's death.
But state Attorney General Letitia James warned that despite the deflections of the administration, her office would continue to review "the circumstances and treatment that led" to the death of Nurul Amin Shah Alam, a Rohingya refugee, in February.
"Mr. Shah Alam fled genocide to build a life in this country," James said. “Instead, he was abandoned and left to suffer alone in his final hours. No New Yorker should be treated this way.”
As Common Dreams reported, Shah Alam was found dead on a Buffalo, New York street five days after Border Patrol agents dropped him off at a closed coffee shop. They had not informed Shah Alam's family or lawyer where he was, making it impossible for him to find his way home as extreme winter weather hit Buffalo. In addition to being visually impaired, Shah Alam was unable to speak or read English.
The "manner of death," said the county medical examiner's office, "was homicide."
The medical examiner emphasized that on death certificates, "homicide" refers to "death resulting from the volitional act of another, which may include negligent acts or omissions," and does not imply the intent to cause someone's death.
The designation does "not indicate criminality, which is the purview of the judicial system," said the office.
Dr. Gale Burstein, the Erie County Department of Health commissioner, announced Wednesday that Shah Alam's death had been directly caused by complications from a perforated ulcer that had formed when hypothermia decreased blood flow and weakened the lining of his intestines.
Shah Alam experienced “severe stress” and that “stress was felt to be hypothermia, being in very cold temperatures, and dehydration, so no access to liquids," said Burstein.
The perforated ulcer doubtlessly caused "severe pain," the health commissioner added at a news conference.
“If that is not repaired in a short period of time, it can cause death, which is what we have, we felt we’ve seen in this instance,” said Burstein. “It’s a medical emergency.”
On Thursday morning, hours after the officials announced the homicide determination and described the health crisis Shah Alam experienced in his last days as he walked through the streets of Buffalo in subfreezing temperatures, DHS said on social media that the account of Shah Alam's death was "another hoax being peddled by the media and sanctuary politicians to demonize our law enforcement."
“This death had NOTHING to do with Border Patrol. Mr. Shah Alam passed almost A WEEK AFTER he was released by Border Patrol," said the agency before listing a number of allegations regarding the man's "serial violent criminal rap sheet."
The charges DHS referred to were related to an incident in February 2025, when Shah Alam was detained after getting lost on the way home from a store where he had purchased two curtain rods to use as walking sticks. He ended up on the porch of a woman who called the police, who later accused him of swinging a rod “in a menacing manner," which his lawyer denies.
Police body camera footage shows him saying, “OK” and dropping one end of the curtain rod when an officer told him to put it on the ground.
Shah Alam was charged with assault, trespassing, and possession of a weapon and taken to Erie County Holding Center, where he was held for a year.
He was released in late February after his family posted bail. The local police alerted Border Patrol, which sent two agents to pick Shah Alam up from jail. His son was waiting outside the jail to take him home, The New York Times reported, but the agents took him to a closed Tim Hortons location instead and left him there, describing their actions as giving Shah Alam a "courtesy ride."
The agency claimed after Shah Alam's death was reported in February that he had shown “no signs of distress, mobility issues, or disabilities requiring special assistance."
After officials announced their findings regarding Shah Alam's death on Wednesday, his son, Mohamad Faisal Nurul Amin, told The Guardian: “When I got the call from the medical examiner, my body went into shock. I felt like I was going to throw up. I couldn’t move. Someone told my mother, and she was devastated. I am still depressed.”
Jeremy Konyndyk, president of Refugees International, said Shah Alam's fate amounted to "death-by-policy."
"In Minnesota, DHS often released detainees in secluded areas in freezing evening conditions with no alert to family. It seemed calculated to endanger people. Very similar to what they did here," he said.
Afaf Nasher, executive director of the New York chapter of the Council on American-Islamic Relations, said the medical examiner's ruling confirms what Shah Alam's "family and community feared from the beginning: This was not a tragic accident, but a preventable and deeply disturbing loss of life."
“We call for an immediate, independent criminal investigation into the actions of the US Border Patrol agents who abandoned a nearly blind refugee miles away from his home in freezing conditions," said Nasher. "No one, regardless of immigration status, should ever be treated with such disregard for their safety and basic human dignity.”
The Erie County district attorney's office told The Guardian it had requested the autopsy report regarding Shah Alam's death.
“We are committed to seeking the truth and upholding justice,” the office said.
Gov. Kathy Hochul, a Democrat, said in a statement that "the cruelty and inhumanity" of the actions that preceded Shah Alam's death "should shock the conscience of every American."
“As more details of this case emerge, I want to be crystal clear: Every individual involved in the death of Mr. Shah Alam must be held fully accountable," said Hochul. "To ensure a fair and impartial investigation, the Erie County district attorney must continue his investigation and, if warranted by the evidence, prosecute to the fullest extent of the law.”
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Seeking $56 Million, Legal Migrant Claims ICE Intentionally Sent Him to Salvadoran Prison
“The Trump administration knowingly and unlawfully locked up an innocent person for four months in a concentration camp-like prison," said one attorney for the plaintiff.
Mar 31, 2026
A Utah law firm said Tuesday that it plans to sue the US government for its allegedly unlawful detention and deportation of a Venezuelan immigrant who was sent to a maximum security prison in El Salvador known for its torture and abuse of inmates.
“Our client is a young Venezuelan man who came into the US legally to escape threats of violence by the Venezuelan government against his family for their opposition to the Maduro regime," said Brent Ward, an attorney at Parker & McConkie, referring to Venezuelan President Nicolás Maduro, who was kidnapped by US forces during a January invasion of his country.
Ward said that the client—identified by the pseudonym "Johnny Hernandez"—is seeking $56 million in damages and "has no criminal record either in the US or in Venezuela."
A man entered the U.S. legally, had no criminal record, and was still sent to one of the world's most dangerous prisons for four months. Parker & McConkie is pursuing $56 million in justice on his behalf.www.parkerandmcconkie.com/blog/parker-...#CivilRights #JusticeForJohnny #Immigration #CECOT
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— Parker & McConkie | Personal Injury Law (@parkermcconkie.bsky.social) March 31, 2026 at 2:40 PM
Hernandez was arrested by Immigration and Customs Enforcement (ICE) officers and subsequently deported to the Terrorism Confinement Center (CECOT) in Tecoluca, central El Salvador, where he allegedly suffered torture and other abuse.
“The Trump administration knowingly and unlawfully locked up an innocent person for four months in a concentration camp-like prison where he suffered torture, shooting, beatings, and solitary confinement," Ward stated. "When the US government knowingly and purposefully violates the law by detaining and deporting innocent individuals on false charges and is not held responsible, the individual rights of not just legal immigrants but all Americans are placed in jeopardy."
"Our client suffered catastrophic injuries in CECOT from which he will never fully recover," the lawyer said. "Failing to demand accountability now places all Americans in jeopardy in the future.”
The impending lawsuit comes as ICE proposes to literally warehouse up to 10,000 arrested immigrants in a "megacenter" in Salt Lake City, Utah. Opponents have compared the 833,000-square foot facility to a concentration camp akin to the Topaz War Relocation Center, a harsh, desolate desert prison where Japanese Americans and Japanese people living in the Western US were forcibly interned during World War II.
The case also follows last week's filing of a lawsuit by Neiyerver Adrián León Rengel, one of the Venezuelans sent to CECOT. Like Hernandez, León Rengel—who is seeking $1.3 million in damages—was in the US legally when he was arrested by federal immigration authorities.
Human Rights Watch (HRW) recently said on the one-year anniversary of President Donald Trump’s mass deportation of Salvadorans, Venezuelans, and others that, of the 9,000 Salvadorans expelled from the US since the beginning of last year, “only 10.5% had a conviction in the United States for a violent or potentially violent crime.”
The Salvadoran investigative journalism outlet El Faro—which, along with its staff, has been the target of sweeping government persecution—last year published a report on CECOT, citing one former prisoner who said that inmates are “committing suicide out of desperation.”
At least one deported Salvadoran—longtime Maryland resident Kilmar Ábrego García—was wrongfully expelled due to what the Trump administration called an “administrative error.”
The Trump administration deported hundreds of Venezuelans to CECOT under a multimillion-dollar agreement between the Trump administration and the government of Salvadoran President Nayib Bukele.
While Trump claimed—often without evidence—that the Venezuelan deportees were members of the Tren de Aragua gang, only about 3% of them had violent criminal convictions in the United States, and Department of Homeland Security records show that the Trump administration knew it.
In July 2025, El Salvador released 252 Venezuelans imprisoned at CECOT and sent them to Venezuela in a prisoner swap that saw Maduro's government free 10 US citizens and permanent residents whom it jailed. Many of the repatriated Venezuelans said they suffered torture, sexual assault, severe beatings, and other abuse at CECOT.
Last December, Judge James Boasberg of the US District Court for the District of Columbia ruled that the Trump administration broke the law by deporting the Venezuelans without due process.
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'ICE Has Been Lying for a Year' About Being Allowed to Make Courthouse Arrests
"Courthouse arrests must stop immediately," said congressional candidate Brad Lander.
Mar 26, 2026
US congressional candidate Brad Lander is demanding a congressional investigation and civil rights actions on behalf of hundreds of people who have been "illegally abducted" at immigration courts across the country after the US Department of Justice admitted it has been relying on a lie put forward by federal immigration officials as it defended agents' arrests at courthouses.
Jay Clayton, the US attorney for the Southern District of New York, wrote a memo on Wednesday to a judge who last September ruled that courthouse arrests could continue, based on US Immigration and Customs Enforcement (ICE) guidance which indicated that "ICE officers or agents may conduct civil immigration enforcement actions in or near courthouses when they have credible information" that a person eligible for deportation would be present at a court.
That guidance from May 27 of last year "does not and has never applied to civil immigration enforcement actions in or near Executive Office for Immigration Review immigration courts," reads Clayton's letter.
"The undersigned were specifically informed by ICE that the 2025 ICE Guidance applied to immigration courthouse arrests," Clayton wrote. "This regrettable error appears to have occurred because of agency attorney error."
The letter represented a "jaw-dropping admission" by the DOJ, said New York University law professor and Just Security editor Ryan Goodman.
The ICE guidance has been used to underpin numerous arrests at courthouses for more than a year—those of the husband of Monica Moreta-Galarza, who was violently thrown to the ground by an ICE agent when she protested the detention at 26 Federal Plaza in New York City; Dylan Lopez Contreras, a Bronx high school student who was arrested when he showed up for a legal asylum hearing last May and was only released this month; and others across the country whose names and stories haven't made national headlines.
Clayton said his office became aware of the far-reaching error on Tuesday when it received an email issuing a "reminder that the May 27, 2025 Guidance does not apply to Executive Office for Immigration Review (Immigration) courts, regardless of their location.”
The US attorney wrote that Castel's opinion from last September, in which the judge ruled ICE's guidance clearly allowed arrests at immigration courts, "will need to be reconsidered and re-briefed for the court to adjudicate Plaintiffs’ APA [Administrative Procedure Act] claims against ICE on the merits."
Clayton issued the filing as part of an ongoing case in which immigrant rights groups sued over the Trump administration's arrests at routine immigration court hearings.
That case, said Goodman, is now one of more than 90 that Just Security has been tracking in which a court either "determined the Trump administration submitted false information or the administration admitted it."
Amy Belsher, an attorney with the New York Civil Liberties Union, told NBC News that the revelation about the ICE guidance is "yet again another example of ICE’s brazen disregard for the lives of immigrants in this country."
"It is now clearer than ever that there is no justification for ambushing and arresting people who are showing up to court," Belsher said.
Lander, the former city comptroller who is running to represent New York's 10th Congressional District, called Clayton's filing "a genuine bombshell, even by Trumpian standards."
"ICE has been lying for a year," said Lander in a video posted on social media. "Not just to you and me and to asylum seekers, but to courts and to prosecutors."
We just caught ICE in a bombshell lie.
They do NOT have the authorization they've claimed to arrest immigrants at 26 Federal Plaza.
Courthouse arrests must end now. There's never been a stronger case for why this rogue, lawless agency should be abolished. pic.twitter.com/MXIoJetffZ
— Brad Lander (@bradlander) March 25, 2026
"Courthouse arrests must stop immediately," he said. "It was time to abolish ICE a year ago. It surely is today."
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