BUFFALO, N.Y. — Immigration and Customs Enforcement officers arrested Mexican national and convicted felon Juan Cruz-Gallegos on June 11 in Hudson, New York, after state authorities failed to return him to federal custody as ordered by a judge.
Cruz-Gallegos, who is illegally present in the United States, was apprehended by ICE following his unauthorized release by the New York State Police after local criminal proceedings concluded. ICE stated that the release violated a court order that specifically mandated his immediate return to ICE custody.
“This criminal alien was in ICE custody when a Columbia County Court judge ordered that he be turned over to NYSP and brought to Columbia County Court to face additional criminal charges. ICE complied. The judge ordered further that Cruz be immediately returned to ICE custody at the conclusion of his court appearance,” said ICE Enforcement and Removal Operations acting Deputy Field Office Director Philip Rhoney.
Cruz-Gallegos has an extensive criminal record dating back to 2013, which includes multiple charges of driving while intoxicated, aggravated DWI involving minors, and probation violations. In 2013, he was first arrested for DWI with a child in the vehicle and later convicted in 2014, receiving five years of probation.
Extensive criminal history detailed
Over the following years, Cruz-Gallegos continued to face multiple arrests. In 2018, he violated his probation after being charged with aggravated unlicensed operation, driving an unregistered vehicle, and alcohol consumption in a vehicle. He was again sentenced to continued probation.
In 2023, his legal troubles escalated with a series of DWI arrests. On May 28, August 17, and October 18, Cruz-Gallegos was charged each time with DWI and aggravated DWI, with blood alcohol concentrations of .18 percent or higher. On November 3, 2023, he was arrested for burglary, with those charges still pending.
After ICE arrested him on November 7, 2023, due to the public safety threat he posed, Cruz-Gallegos was transferred to Columbia County custody in December under a writ of habeas corpus. The writ explicitly required his return to ICE following court proceedings.
On May 6, 2024, Cruz-Gallegos pleaded guilty to DWI with a previous conviction within 20 years and was sentenced to another five years of probation. Despite the court’s directive, state police released him after the sentencing.
ICE criticizes sanctuary policies
“This was not a detainer request. This was a judicial order,” Rhoney said, criticizing sanctuary policies that interfere with federal immigration enforcement. “Whether it was malicious intent or simple miscommunication that caused him to be released into the community contrary to a court order, sanctuary jurisdictions undermine the rule of law and endanger the lives of Americans and law enforcement.”
ICE emphasized that the failure to return Cruz-Gallegos to federal custody allowed a repeat offender with a history of endangering public safety to remain in the community temporarily.
Cruz-Gallegos remains in ICE custody pending further immigration proceedings.