Roman Amatitla faces first-degree murder charges in the March 16 Flushing fire and has been held without bail while the criminal case proceeds.

QUEENS, NY — Federal officials say New York City refused to honor an ICE detainer for Roman Ceron Amatitla, a Mexican national accused of setting the Flushing building fire that killed a 3-year-old girl and three adults.

The Department of Homeland Security reiterated the allegation Oct. 9, identifying Amatitla as being in the country illegally and saying the city’s Department of Correction rejected the detainer in April.

The dispute concerns cooperation with immigration authorities if Amatitla becomes eligible for release. He has not been freed: an Oct. 12 report described him as being held without bail. In April, a city correction spokesperson told Military.com that the agency “processes ICE detainers consistent with local law” and confirmed he remained in custody and New York won’t hand over

Murder charges upgraded after deadly fire

Amatitla, 38, of Maspeth, was arraigned May 12 on a 37-count indictment that included four counts of first-degree murder, 12 counts of second-degree murder and multiple arson charges, according to the Queens district attorney’s office. A judge remanded him into custody.

Prosecutors allege he placed burning paper on garbage at the base of the building’s only stairwell exit from the upper floors at 132-05 Avery Ave. on March 16. He then remained nearby, drinking beer as the building burned.

“This was a horrific crime that shocked the city,” District Attorney Melinda Katz said when announcing the indictment.

Child and three adults died

The victims were Sihan Yang, 3; Chengri Cui, 49; Chie Shin Ming, 61; and Hong Zhao, 64. Prosecutors said the child and two adults died from smoke inhalation, while Zhao died after jumping from a window. Seven others were injured, including two firefighters.

Amatitla pleaded not guilty at his May arraignment. He is presumed innocent unless proven guilty.