A Venezuelan migrant caught stealing a bicycle in Harlem chose imprisonment at Rikers Island over facing ICE deportation, but his legal gambit will likely fail as federal agents wait to apprehend him.
Key Takeaways
- Venezuelan migrant Nolveiro Vera Ordonez was arrested for bicycle theft in Harlem and requested bail to avoid immediate ICE detention
- Despite being granted $100 bail, Ordonez was remanded to Rikers Island due to a federal warrant for illegal border crossing in 2022
- New York’s sanctuary city policies do not protect immigrants facing criminal charges, making his deportation likely regardless of the theft case outcome
- President Trump has instructed ICE to immediately arrest illegal migrants with deportation orders, resulting in large-scale roundups nationwide
- ICE has recently detained dozens of migrants during scheduled appointments with immigration authorities
Desperate Legal Maneuver to Avoid Deportation
Nolveiro Vera Ordonez, a Venezuelan migrant arrested for allegedly stealing a bicycle in Harlem, found himself caught between the criminal justice system and immigration enforcement. Charged with petit larceny, criminal possession of stolen property, and criminal mischief, Ordonez’s legal troubles were compounded by a federal arrest warrant from Texas for illegally crossing the US-Mexico border in 2022. His defense attorney, Elizabeth Fischer, employed an unusual strategy during his arraignment, requesting that her client be granted bail “voluntarily” under a rarely used provision of bail law.
When Judge Rachel Pauley agreed to set bail at $100, temporarily blocking ICE agents who were waiting in the courtroom, she noted the request was “highly unusual.” Despite this tactical victory, Ordonez remained in custody at Rikers Island due to the federal warrant. “It is an indefinite hold,” Judge Rachel Pauley stated during the proceedings, acknowledging the complicated nature of the case. Legal observers noted that the maneuver only delayed the inevitable transfer to federal custody once his local case concluded.
Sanctuary Policies Offer Limited Protection
New York City’s status as a sanctuary city provides little shelter for Ordonez in this situation. While the city restricts cooperation with immigration authorities in civil matters, these protections do not extend to individuals facing criminal charges. The criminal nature of Ordonez’s case places him outside the protective bubble of sanctuary policies, making his eventual transfer to ICE custody almost certain. If Ordonez posts bail for his theft case, he will immediately be released to federal custody for arraignment on the illegal entry charge.
“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 familiar with such cases.
The NYC Department of Correction spokesman Al Baker defended the judge’s decision, stating, “The judge did her job and followed the law.” However, this legal compliance does nothing to alter the ultimate outcome for Ordonez, who will likely face deportation proceedings regardless of how his theft case resolves. His situation highlights the limitations of local sanctuary policies when federal criminal charges are involved.
Trump Administration’s Expanded ICE Operations
Ordonez’s case unfolds against the backdrop of President Trump’s intensified immigration enforcement efforts. The administration has instructed ICE to arrest illegal migrants immediately after receiving deportation orders from judges, leading to widespread enforcement actions across the country. In recent operations, ICE agents detained at least four illegal immigrants during scheduled appointments with Homeland Security’s Intensive Supervision Appearance Program near the courthouse where Ordonez was arraigned.
“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, describing the impact of criminal charges on immigrants.
These operations extend beyond individual cases like Ordonez’s. Recent ICE actions included detaining 10 migrants at a federal immigration courthouse and 16 from a nearby office building. The large-scale roundups outside federal courts have become increasingly common, focusing particularly on migrants with final removal orders already in place. This systematic approach to immigration enforcement represents a significant shift in how deportation policies are being implemented under the current administration.
