An illegal immigrant, Elder Lopez-Avalos, with arson charges, had to be let go by the court owing to the 2019 bail reform law, but ICE prevented this from happening. New York State’s 2019 bail reform law is highly controversial. Before the reform bail law was passed, judges could fix bail, or commit the accused to the custody of the sheriff.

Under the revised bail law, numerous non-violent offenses no longer qualified for bail. As a result, judges lost the authority to detain individuals based purely on perceived public safety risks. This exact limitation came into play on May 10, when Nassau County police arrested Elder Lopez-Avalos.

 

Avalos is an undocumented immigrant who was held on charges of arson. Reports suggested that Avalos set fire to 10 cars in Freeport. Nassau County Police Commissioner Patrick Ryder spoke on the matter in a conversation with ABC7NY. “He will open up a gas cap, take a ripped tee shirt he carried with him, he would stuff it in like a wick, he would let it soak up the gas and set it on fire,” Ryder said. “He would pick an area where there is a group of cars, so it’s almost like he wanted it to happen to the next one, the one that was three nights ago, it jumped to three cars.”

The commissioner revealed that the judge had “no choice” but to release him without bail. That said, the authorities worked in unison to ensure Avalos stayed off the streets, leading ICE to issue an immigration detainer. An immigration detainer, also called an ICE hold, is an official request from U.S. Immigration and Customs Enforcement to keep the accused person in custody for a short period after the time they were supposed to be released. This is done so ICE can take the person into custody and possibly proceed with deportation.

Nassau County Police Commissioner Patrick Ryder explained the mechanics of the detainer process, noting that the county cross-references every arrestee’s name with the New York State database. If a detainer or judicial hold flags an individual, Ryder stated they are immediately transferred to the Immigration and Customs Enforcement custody. “That’s my obligation and my responsibility to do so,” Ryder emphasized, adding bluntly that the easiest way to avoid being turned over to federal immigration authorities is simply to avoid getting arrested in Nassau County.

Police reports revealed that Avalos would use “improvised incendiary devices” to set fire to cars. He would rip t-shirts and dip them in gas caps to ignite cars. Nassau County Executive Bruce Blakeman also commented on the matter, saying, “This is dangerous stuff. We’re talking about setting a car on fire with 20 or 30 gallons of gasoline – it’s like a bomb.”

After being released without bail, Avalos was taken into custody by police yet again and handed over to the Immigration and Customs Enforcement department. Avalos will remain in a federal holding cell until his trial and will not be deported until then.