Editorial | Reckless dishonesty from ICE
There may or may not have been a legitimate reason for ICE agents to shoot and arrest Oscar Bergal in Marble Hill on Thursday afternoon. The trouble is Homeland Security Secretary Markwayne Mullin refuses to be transparent about it.
ICE agents felt the need to fire at least seven shots at Bergal, wounding him, inside his vehicle at the corner of Marble Hill Avenue and West 229th Street in broad daylight on Oct. 8, with a 5-year-old boy riding in the backseat and people watching from a nearby sidewalk. The choice to use lethal force against Bergal with a child close by is as reckless as it gets, and ICE is fortunate the child and the bystanders were not physically harmed.
Mullin, who oversees the agency under which ICE operates, claimed Friday that Bergal used his vehicle to try and ram ICE agents, thus leading an agent with a long gun to open fire.
In a situation like this, bodycam footage from the agents involved is essential to finding the facts behind the incident. Mullin said ICE agents had bodycam footage, but did not commit to the agency releasing it. By contrast, the NYPD released its own officer bodycam video of responding to the shooting and taking Bergal to the hospital less than 24 hours after the shooting occurred.
Then there’s Bergal himself, who does have a criminal record. Police Commissioner Jessica Tisch said Thursday night that the Dominican national had been arrested for robbery in 2023 in a case that resulted in a guilty plea to fourth-degree grand larceny and five years’ probation. He also has a pending 2025 case for criminal sale of a controlled substance.
Sometimes it’s not about what you do; it’s how you do it. The ICE agents’ actions are all the worse because they are still not clearly identified, and many wear masks out on duty. Operating this way on our streets, or at Federal Plaza (as we’ve seen for more than a year now), is both intimidating and confusing when they apprehend people. It doesn’t need to be this way.
The Homeland Security secretary used his chance Friday to explain the Marble Hill shooting to be evasive with the facts and politically grandstand against New York elected officials over sanctuary city policies. He showed not an inkling of responsibility or remorse for what happened, nor did he make any genuine overtures to ensure a transparent investigation or policy changes to keep the public out of harm’s way.
We have said this over and over again: Legitimate criminals who are not citizens of this country should be deported. Immigrants, regardless of status, who do not have criminal offenses and are simply living their lives here should be left alone.
ICE and Homeland Security are entrusted to enforce the law, but this is not the Wild West where anything goes. Their badges and authority do not excuse them from following the Constitution, or even common sense. Mullin’s status does not permit him to make any accusation he wants or conceal the facts.
If they cannot be trusted to follow the law, respect civil rights, and tell the truth, why should they be trusted to enforce the law? And if the agency leadership refuses to operate in such a manner and be truthful with the public, then they must either resign or be removed from office.
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