The Department of Homeland Security (DHS) has identified the arson suspect responsible for the fatal fire that occurred in Flushing on March 16 as a “criminal illegal immigrant from Mexico,” and the U.S. Immigration and Customs Enforcement (ICE) has requested that the New York City Department of Corrections (DOC) not release him.
In a statement released on April 16, the Department of Homeland Security stated that ICE had requested the DOC not to release 38-year-old Roman Amatitla, a resident of Queens, who was accused of setting fire to a three-story residential building at 135-05 Avery Ave. in Flushing on March 16, resulting in the deaths of four individuals, including a 3-year-old girl, and causing injuries to several others, shocking the community. The Department of Homeland Security referred to the defendant as a “criminal illegal immigrant from Mexico” and indicated that New York City’s refusal to cooperate could result in his potential release back to the streets.
“This arsonist set fire to a building, watching innocents, including a three-year-old child, burn alive. New York City’s ‘sanctuary’ politicians refuse to work with ICE and are determined to release this perpetrator onto the streets of New York,” said Acting Assistant Secretary of Homeland Security Lauren Biss. “New York’s ‘sanctuary’ politicians must stop prioritizing politics over public safety. We urge Governor Hochu and Mayor Mamdani to commit to complying with this detention order and transferring the suspect.”
However, a law enforcement source from the New York City department denied the Department of Homeland Security’s claims, stating bluntly, “He’s not going anywhere.” The source pointed out that Amatitla is currently detained at Rikers Island jail, with the next court appearance scheduled for May 12, and labeled the Department of Homeland Security’s statements as a “publicity stunt.”
The Department of Corrections responded by stating that its handling of ICE detention requests is fully in accordance with local laws. Under Section 9-131 of the New York City Administrative Code, the city will only notify ICE of an impending release and further cooperate if ICE provides a legally enforceable detention order (such as an I-200 arrest warrant or an I-205 deportation order) and if the detainee has been convicted of qualifying serious or violent crimes within the past five years.
According to court records, Amatitla appeared in Queens Criminal Court on April 9 and the judge ruled against bail, ordering him to remain in custody pending trial. The defendant faces eight charges of second-degree murder, a first-degree arson charge, and multiple assault charges; if convicted, he could face a sentence ranging from 25 years to life imprisonment.
The criminal complaint states that Amatitla confessed to detectives from the precinct’s Homicide Squad that he was fired after an argument with a colleague that day, leading him to lose control of his emotions and set the fire out of anger. Allegedly, he had no connection to the building or its residents, indicating a random act. He has pleaded not guilty to all charges in court, and the case is still being litigated.