'The Court Must Intervene': Petition Seeks Release of Oscar Belgal, Who Still Has ICE Bullet in His Neck

Immigrant rights advocates this week demanded the immediate release of Oscar Belgal, a 28-year-old Dominican father of two held in US Immigration and Customs Enforcement custody with a bullet lodged in his neck after an ICE agent shot him in front of his young son last week in New York City.

The Legal Aid Society filed an emergency petition Wednesday in the US District Court for the Eastern District of New York seeking Belgal's release, arguing that his continued detention threatens his health and violates his rights.

Masked ICE officers wearing civilian clothing approached Belgal's vehicle on October 8 with firearms drawn, without identifying themselves or presenting a warrant. An officer shattered the driver's-side window before agents fired at least seven shots, striking Belgal in the neck as his 5-year-old son sat in the back seat.

"Rather than providing immediate medical assistance, ICE officers threw Mr. Belgal to the ground, handcuffed him, and left him bleeding and fading in and out of consciousness," the Legal Aid Society said Wednesday. "[New York Police Department] officers ultimately intervened to secure medical assistance. Doctors advised that Mr. Belgal required surgery to remove the bullet and instructed him to return for treatment during the week of October 12. Instead, ICE transferred him into detention."

Belgal is being held at Brooklyn's Metropolitan Detention Center despite suffering a loss of sensation on the left side of his face and impaired hearing in his left ear, according to his attorneys. He has yet to receive surgery to remove the bullet.

“Mr. Belgal’s detention was unlawful from its inception. ICE officers shot him in the neck in front of his 5-year-old son, failed to provide him with immediate medical assistance, and now continue to hold him in a facility notorious for medical neglect,” said Perry McAninch and Elyssa Williams, counsel for Belgal and attorneys with Legal Aid.

“With a bullet still lodged in his neck and his serious medical needs unmet, every additional day in custody puts him at further risk," they added. "The court must intervene and order his immediate release.”

Department of Homeland Security (DHS) agents have shot more than two dozen people since President Donald Trump’s return to office, including more than half a dozen who died. In multiple cases, federal authorities had made allegations against shooting victims that were later contradicted by evidence.

More than 50 people have also died in ICE custody during Trump’s second term.

Belgal's shooting has fueled fresh calls to abolish ICE from progressives, including Reps. Alexandria Ocasio-Cortez (D-NY) and Ro Khanna (D-Calif.). Meanwhile, Rep. Delia Ramirez (D-Ill.) has introduced legislation aimed at dismantling DHS, which oversees ICE.

The San Diego-based Haitian Bridge Alliance also condemned Belgal's shooting and called for an independent investigation, the release of relevant body camera footage, and accountability for what it called the unlawful uses of force.

“How many more families must be traumatized before we say enough is enough?” Guerline Jozef, the organization's founder and executive director, asked Monday.

“We cannot continue to accept a system where immigration enforcement becomes a license to terrorize communities, endanger children, and take human lives,” she added. “Our humanity is not negotiable. Our dignity is not conditional on immigration status.”