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ICE Detains Gang Member Released From Rikers Island, Feds Say

By Ben Fractenberg | February 22, 2017 4:51pm
 Estivan Rafael Marques Velasquez was detained by immigration authorities after he was released from Rikers Island on Feb. 16.
Estivan Rafael Marques Velasquez was detained by immigration authorities after he was released from Rikers Island on Feb. 16.
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QUEENS — Mayor Bill de Blasio's administration criticized immigration officials after they arrested a purported gang member released from Rikers Island.

Immigrations and Customs Enforcement officers had filed a detainer in May 2016 — under President Barack Obama — for Salvadorian national Estivan Rafael Marques Velasquez after he was arrested for disorderly conduct, a misdemeanor, officials said.

Authorities said Velasquez was an admitted member of the MS-13 gang and had prior felony charges in his history including weapons possession and reckless endangerment.

Yet Velasquez was was released by the city on Feb. 16 after serving his time for reckless endangerment — without turning him over to the feds as the federal detainer ordered, according to ICE.

Enforcement and Removal officers arrested Velasquez in Queens later that day and are holding him pending deportation.

"This man is by his own admission a member of a violent street gang and he was released back into the community. Honoring a detainer request is not about politics, it is about keeping New York citizens safe,” Thomas Decker, field office director for Enforcement and Removal in New York, said in a statement.

The mayor's office did not return an immediate request for comment. 

But Rosemary Boeglin, a spokeswoman for Mayor Bill de Blasio told the Daily News that “The detainee was released after he pled guilty and served his time for an offense that does not qualify as a violent or serious felony under the city’s local laws.”

“And his gang affiliation was not supported by evidence that meets even minimal constitutional standards. When ICE presents evidence to our city that an individual in our custody has been convicted of a violent or serious offense — one that threatens the public’s safety — we will fully cooperate.”

City Council Speaker Melissa Mark-Viverito recently said the city would reduce its cooperation with federal immigration authorities.