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.
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.”
