ICE Arrests Alleged Tren de Aragua Member in New York
ICE and U.S. Marshals arrested an alleged Tren de Aragua gang member in upstate New York — but only after local authorities had already released him once, ignoring an ICE detainer. The case puts a spotlight on what happens when local and federal immigration enforcement clash. For undocumented immigrants in New York, it raises an urgent question: what protects you if ICE comes looking?
What Happened in Albion, New York
On May 24, 2026, ICE officers and U.S. Marshals arrested Jairo Antonio Molina Moron, a 38-year-old Venezuelan national, in Albion, New York. ICE says he is a suspected member of Tren de Aragua — a transnational gang that the U.S. government has labeled a terrorist organization. He currently faces local felony assault charges for allegedly attacking someone with a weapon.
Molina entered the United States in 2023. He was arrested twice before this — once by the New York City Police Department in December 2024 for assault (those charges were later dropped), and again by the Yonkers Police Department in February 2025 for felony assault with a weapon. After the second arrest, ICE filed an immigration detainer — a formal request asking local jail officials to hold a person so ICE can take custody. Local authorities refused to honor that detainer and released him. ICE then tracked him down and arrested him in a targeted operation.
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Philip Rhoney, the acting Field Office Director for ICE Enforcement and Removal Operations in New York, said his team will continue to pursue people it considers dangerous. Molina is now in ICE custody and is waiting for his immigration court hearing — a process called removal proceedings. ICE's Buffalo office covers 48 of New York's 62 counties.
What This Means for Immigrants in New York
This case highlights a real tension between local governments and federal immigration enforcement. Some cities and counties in New York do not cooperate with ICE detainers. That does not mean ICE cannot arrest someone — it means ICE must find the person on its own. If you or someone you know is undocumented and has any criminal history, the risk of a targeted ICE arrest is real, even in so-called sanctuary jurisdictions.
What to Do
- Know your rights. If ICE agents come to your home, you do not have to open the door unless they show a judicial warrant — a warrant signed by a judge (not just an ICE administrative warrant). Ask to see it through the door or a window.
- Contact an immigration lawyer immediately if you or a family member is arrested by ICE. You have the right to speak with an attorney before answering questions. Removal proceedings move fast — the appeal deadline after an order of removal is 30 days.
- Do not ignore any court notices. Missing an immigration court hearing can result in an automatic removal order issued without you present.
- If you have pending criminal charges, talk to both a criminal defense attorney and an immigration lawyer. Even charges that are later dropped can appear in ICE records and be used to justify enforcement action.
A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.
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Even in jurisdictions that do not honor ICE detainers, a person with a criminal record — including dropped charges — remains a high-priority target for ICE's Fugitive Operations Teams. If you are undocumented and have any prior contact with law enforcement, you should consult an immigration attorney now, before any arrest happens. An attorney can help you understand whether you qualify for any form of relief, such as asylum or cancellation of removal, and can prepare you to respond quickly within the 30-day appeal window if a removal order is issued.
Frequently Asked Questions
What is an ICE detainer and does a local jail have to follow it?
An ICE detainer is a written request from ICE asking a local jail or police department to hold a person for up to 48 extra hours so ICE can take custody. Local authorities are not legally required to honor it. Some cities and counties in New York have policies that say they will not hold people based on ICE detainers alone. However, refusing a detainer does not stop ICE from finding and arresting the person later on its own.
What happens after ICE arrests someone? What are removal proceedings?
After an ICE arrest, the person is usually placed in immigration detention. ICE then starts a legal process called removal proceedings — this is a series of hearings before an immigration judge to decide whether the person must leave the country. The person has the right to hire a lawyer (at their own cost) and to present their case. If the judge orders removal, the person has 30 days to appeal.
Can dropped criminal charges still affect my immigration case?
Yes. ICE can use arrest records even if charges were dropped. In immigration court, the standard of evidence is different from criminal court. An immigration judge may consider the underlying facts of an arrest when deciding whether someone is a public safety risk. This is why lawyers strongly recommend consulting an immigration attorney any time you have contact with law enforcement.
What is Tren de Aragua and why does it matter for immigration cases?
Tren de Aragua is a Venezuelan gang that the U.S. government has designated as a foreign terrorist organization. Being accused of membership — even without a criminal conviction — can make someone a high-priority target for ICE and can make it much harder to win relief in immigration court. If you are accused of gang membership, you need an immigration lawyer immediately.