New York City's custody management unit has chosen not to comply with an order from Immigration and Customs Enforcement to transfer custody of an immigrant from Venezuela with a criminal past.

This decision office keeps Brandon Jesus Simoza, who faces multiple criminal charges, including the robbery of an assistant to Manhattan D.A. Alvin Bragg and other offenses, at Rikers Island without imminent deportation, as the Post Millennial reports.

Simoza has been accused of a range of crimes, notably stealing from a lawyer in Manhattan.

He faces allegations that include sexually motivated robbery, burglary, grand larceny, and possession of illegal substances. Despite his criminal record and multiple 2024 arrests by NYPD, he remains outside ICE's custody.

Growing Concerns About Sanctuary Policies

The city's stance on this issue highlights its sanctuary status, which means non-cooperation with federal immigration authorities like ICE. Simoza's case exemplifies the broader implications of these policies, which New York City continues to uphold.

His known ties to the Tren de Aragua, a notorious international gang, further complicate his legal situation in the United States. Additionally, his 2023 encounter with the U.S. Border Patrol in Del Rio, Texas, raises further questions about border security and immigration enforcement.

Simoza's current detention began after his arrest on Nov. 17, 2024. Since then, he has been held at Rikers Island, where arguments about his custody continue against the backdrop of larger discussions on public safety and immigration policy.

Federal and Local Tensions Surface

ICE has voiced its dissatisfaction with the city's decision not to honor the detainer request for Simoza. According to the agency, “Brandon Jesus Simoza Seijas is an unlawfully present citizen of Venezuela who entered the United States without admission, inspection or parole by an immigration official.”

Despite being arrested five times by NYPD this year, Simoza was released each time, something ICE attributes to the inability to lodge a detainer swiftly enough.

This ongoing cycle of arrests and releases highlights the complex relationship between local and federal agencies when dealing with non-citizen offenders.

Incoming border czar Tom Homan has issued a bold statement on the matter, emphasizing federal resolve. “We’ll do the job with you or without you,” Homan said, suggesting federal authorities may pursue alternative methods to enforce immigration laws, regardless of local resistance.

Mayor Eric Adams Criticizes Past Administration

Mayor Eric Adams has publicly expressed his unease with the city's sanctuary policies, hinting at a possible need for change. He attributes some of these challenges to decisions made under former Mayor Bill de Blasio, indicating a shift in city administration views.

Adams remarked on the implications of these policies: “I think the previous administration made a big mistake.” He acknowledges the need for New Yorkers to feel secure, regardless of policy differences with the federal government.

His stance represents a burgeoning debate over whether sanctuary policies serve the city's best interests, especially when public safety is at stake.

Analyzing Public Safety and Policy

With many opinions on the need for correct policy implementation, Adams notes, “I think we need to correct that aspect of it.” This statement underscores the inherent tensions between ensuring community safety and respecting immigrant rights.

As this debate continues, the core issue remains balancing effective law enforcement with the ethical responsibilities of a sanctuary city. The complexities faced by New York City in such cases may spark broader policy discussions nationwide.

For now, Simoza remains at Rikers Island, and decisions about his future rest at the intersection of city policy and federal immigration law.

New York's ongoing dialogue with federal authorities and internal considerations will ultimately shape the outcome of cases like his.