ICE Shoots Gang Member in NYC After Car Attack on Officers
On October 8, 2026, ICE officers in the Bronx shot Oscar Bergal — a documented Trinitario gang associate with active criminal charges — after he allegedly rammed two federal vehicles and drove toward agents on foot. DHS Secretary Markwayne Mullin cited the incident to escalate pressure on New York's sanctuary policies, pointing to nearly 15,000 ignored ICE detainers statewide. The case puts a spotlight on how ICE conducts arrests in sanctuary cities and what immigrants need to know about their rights during an enforcement encounter.
What if ICE tries to arrest you and you resist — even without a weapon? The October 8 shooting of Oscar Bergal in the Bronx shows exactly how fast a vehicle stop can turn deadly, and why ICE's enforcement posture in New York is more aggressive than ever.
ICE Enforcement and Removal Operations officers spotted Bergal driving in the Bronx and used their vehicles to stop him. According to ICE ERO Executive Associate Director Marcos Charles, Bergal refused orders to exit his car, then accelerated into two ICE vehicles and drove toward officers on foot. One officer fired in self-defense, striking Bergal in the neck. The injury was superficial. EMS treated him at the scene, and ICE arrested him after his hospital release. Bergal remains in ICE custody.
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Immigrant rights, appeals and protective measures
Bergal entered the US illegally on an unknown date. In December 2023, NYPD arrested him for first-degree robbery; he pleaded guilty to a lesser charge and received five years' probation. At the time of his ICE arrest, he had active criminal charges in New York for robbery, assault, weapons possession, drug possession, and stolen property — plus two active protection orders issued in January 2026. ICE identifies him as a documented associate of the Trinitario street gang.
DHS Secretary Markwayne Mullin used the arrest to attack New York's sanctuary policies. He said ICE lodged 14,766 immigration detainers in New York between January 2025 and September 2026 — representing 47,750 felony charges — and received no cooperation from state authorities. Mullin also referenced an October 2 incident in which two men with active ICE detainers allegedly stabbed an off-duty NYPD detective seven times in the Bronx. ICE says both men were released into the country under the prior administration despite detainers being on file.
What this means for immigrants in New York
ICE officers and agents are currently reporting a 1,600% increase in physical assaults and an 8,000% increase in vehicular assaults against them, according to the agency. That context matters: officers are trained to treat non-compliance and vehicle movement as potential lethal threats. If ICE approaches you, how you respond in the first seconds can determine what happens next.
What to do
- Do not resist or flee an ICE stop. You have the right to remain silent, but physically resisting or driving toward officers can be treated as an imminent threat — with lethal consequences, as this case shows.
- Know your rights before an encounter happens. You can refuse to answer questions about your immigration status without an attorney present. Carry a know-your-rights card from a local legal aid organization.
- If ICE has lodged a detainer against you (a request to hold you after a local arrest), contact an immigration attorney immediately. A detainer is not a deportation order, but it starts the clock on removal proceedings.
- If you are in removal proceedings, missing a court date results in an in absentia removal order — and as of October 1, 2026, the fee to arrest someone under such an order is $5,300. Do not miss your immigration court hearing.
What to do, step by step — see our guide “Your Rights During an ICE Encounter”.
Fishkin Law Firm, New York
This case is a stark reminder that ICE treats a moving vehicle as a deadly weapon under use-of-force policy — the same standard law enforcement applies generally. If you have any criminal history, even a dismissed charge or a plea to a lesser offense, you are a priority target under current enforcement guidelines and should consult an immigration attorney now, before an encounter happens. An attorney can also challenge an improperly issued detainer or file for a bond hearing if you are taken into custody.
Frequently Asked Questions
Can ICE arrest me on the street or in my car without a warrant?
Yes. ICE officers can make warrantless arrests in public spaces — including during a vehicle stop — if they have probable cause to believe you are deportable. You have the right to remain silent and to ask for an attorney, but you should not physically resist.
What is an immigration detainer and does it mean I will be deported?
An immigration detainer is a request ICE sends to a local jail asking them to hold you for up to 48 hours after your release so ICE can take custody. It is not a deportation order by itself, but it can lead to removal proceedings. An immigration attorney can challenge a detainer in court.
What happens if I miss my immigration court hearing?
A judge can issue a removal order in absentia — meaning without you present. Once that order is issued, ICE can arrest you. As of October 1, 2026, the government fee associated with that arrest is $5,300. If you missed a hearing, a lawyer may be able to file a motion to reopen your case within 90 days.
Does living in a sanctuary city protect me from ICE?
Not fully. Sanctuary policies limit local police cooperation with ICE, but they do not stop federal officers from making arrests in public. ICE can and does conduct operations in sanctuary cities, as this Bronx case shows.