Twice-convicted DWI felon released by New York authorities, re-arrested by ICE

A Mexican national with multiple felony DWI convictions and a recent burglary arrest was re-apprehended by federal immigration officials last week after New York authorities defied a judicial order and released him back into the community.

Juan Cruz-Gallegos, who is unlawfully present in the United States, was arrested June 11 in Hudson, N.Y., by Enforcement and Removal Operations Buffalo. According to U.S. Immigration and Customs Enforcement, a judge had ordered local and state law enforcement in Columbia County to return Cruz-Gallegos to ICE custody after a court appearance. Instead, they let him go.

“This criminal alien was in ICE custody when a Columbia County Court judge ordered that he be … brought to court to face additional charges … and immediately returned to ICE at the conclusion of his court appearance,” said Philip Rhoney, Acting Deputy Field Office Director for ERO Buffalo. “This was not a detainer request – it was a judicial order.”

ICE notes that Cruz-Gallegos has a troubling criminal history. Since 2013, he has been arrested multiple times for driving while intoxicated, including several aggravated DWI offenses involving blood alcohol concentrations of 0.18 or higher — more than twice the legal limit. In 2014, he was convicted of aggravated DWI with a child under 16 in the vehicle.

Despite being on probation, Cruz continued his offenses. In 2023, he was arrested at least three more times for DWI-related charges and faced burglary charges in November of that year. In May 2024, he pled guilty to felony DWI and received five years of probation.

ICE had canceled his bond and re-arrested him in November 2023, labeling him a public safety threat. But after being transferred to local custody under a writ of habeas corpus, state police failed to honor the judge’s explicit directive to return him to federal detention.

“Whether through malicious intent or miscommunication, releasing him undermined the rule of law and endangered Americans,” Rhoney said. “Politicians must put public safety ahead of politics and stop protecting criminal aliens at the expense of citizens and legal residents of New York.”

Cruz-Gallegos is now held at the Buffalo Federal Detention Facility pending removal proceedings.

This case marks yet another flashpoint in the ongoing conflict between federal immigration authorities and sanctuary-minded state jurisdictions, raising serious questions about accountability, enforcement, and the prioritization of citizen safety.