Venezuelan migrant Nolveiro Vera Ordonez, arrested for bicycle theft in Harlem, finds himself trapped in legal limbo as he chooses Rikers Island over ICE detention – but his strategy is destined to fail.
Key Takeaways
- Venezuelan migrant Nolveiro Vera Ordonez faces both state theft charges and a federal arrest warrant for illegal border crossing
- Ordonez’s defense team attempted to shield him from ICE by requesting a $100 bail to keep him in Rikers Island
- Despite New York’s sanctuary city status, Ordonez will likely end up in ICE custody due to his criminal charges
- President Trump’s administration has significantly increased ICE enforcement, with large-scale roundups becoming common
- Immigration attorneys warn that detention in ICE facilities offers fewer rights and protections than local jails
Legal Tactics Fail to Shield Migrant from ICE
The case of Nolveiro Vera Ordonez reveals how illegal immigrants are increasingly finding themselves caught between local criminal charges and federal immigration enforcement. Ordonez, a Venezuelan national, was arrested for allegedly stealing a bicycle in Harlem and subsequently charged with petit larceny, criminal possession of stolen property, and criminal mischief. What makes his case particularly notable is the unusual legal strategy employed by his defense team to keep him out of immigration detention – a tactic that demonstrates the desperation of those facing deportation under President Trump’s enhanced enforcement policies.
During Ordonez’s arraignment, his attorney Elizabeth Fischer made an unconventional request, asking that her client be “voluntarily” detained at Rikers Island with bail set at just $100. This strategy was designed to prevent ICE agents, who were waiting at the courthouse, from taking Ordonez into federal custody. Judge Rachel Pauley described the request as “highly unusual” but ultimately granted the bail, temporarily thwarting the ICE agents who then left the courthouse. However, this victory was short-lived as Ordonez was immediately remanded on a federal warrant stemming from his illegal border crossing in 2022.
Sanctuary City Policies Create False Sense of Security
New York City’s sanctuary policies, which prevent local law enforcement from cooperating with federal immigration authorities in civil matters, have created a dangerous illusion of protection for illegal immigrants. These policies, implemented by progressive administrations, fail to acknowledge that criminal charges strip away any sanctuary protections. In Ordonez’s case, the criminal nature of his charges means that regardless of his current detention in Rikers Island, he will inevitably face ICE custody when his local legal issues are resolved.
“Immigration jails are kind of a black hole. Once you get in there, you can be stuck there for a very long time,” said Cuccia, an immigration lawyer quoted by the New York Post.
The reality is stark: if Ordonez posts bail, he will be released to federal custody for arraignment on the federal warrant. If he remains in Rikers and is eventually convicted, he will be transferred to federal custody upon completion of his sentence. Even if he’s acquitted of the bike theft charges, the federal warrant ensures he will end up in ICE custody. The sanctuary city status that Democrats frequently tout as protection for illegal immigrants simply delays the inevitable in cases involving criminal activity.
Trump Administration Intensifies Immigration Enforcement
President Trump’s administration has dramatically ramped up immigration enforcement across the country, fulfilling campaign promises to secure our borders and remove illegal immigrants who have violated U.S. law. Large-scale ICE roundups outside federal courts have become increasingly common, with agents focusing on migrants who have received final removal orders. Recent operations have resulted in the detention of dozens of illegal immigrants, including 10 at a federal immigration courthouse and 16 from a nearby office building in a single day.
The stepped-up enforcement extends beyond those with criminal records. Near Ordonez’s hearing, ICE agents detained at least four other illegal immigrants during their scheduled appointments with Homeland Security’s Intensive Supervision Appearance Program. This enforcement approach fulfills President Trump’s directive that ICE arrest illegal migrants immediately after they receive deportation orders from judges, closing loopholes that previously allowed many to remain in the country indefinitely despite final removal orders.
Broader Impact on Immigrant Communities
The Ordonez case highlights a broader pattern affecting immigrant communities across New York City. The NYPD has recently begun issuing criminal summonses for cycling traffic violations, a policy change that disproportionately impacts immigrant delivery workers. These “pink summonses” require court appearances, with missed appearances resulting in arrest warrants – creating a potential pipeline to deportation for non-citizens working in the delivery industry. Despite New York’s sanctuary city status, information-sharing systems can still expose immigrants to ICE when criminal charges are involved.
“For people with immigration issues, it’s a whole terrifying can of worms. This is going to mess up someone’s life in a serious way,” said Brandon Chamberlin, as reported by Streetsblog NYC.
The increased enforcement of immigration laws under President Trump’s administration sends a clear message that the era of catch-and-release and sanctuary protection for those who violate American laws is coming to an end. As Ordonez’s case demonstrates, the legal system is increasingly aligning to ensure that those who enter the country illegally and then commit additional crimes will face the appropriate consequences, regardless of sanctuary city policies designed to shield them from federal immigration enforcement.
