The mother of the man who was shot by ICE is demanding justice for her son and boyfriend after an attempted Immigration and Customs Enforcement arrest turned violent this month in Brooklyn.
Carmen Cruz's son Erick Diaz Cruz was visiting her from Mexico when ICE officials arrived at their Gravesend home, claiming they were police investigating a car theft, she said in testimony to the City Council on Friday.
The ICE agents were in fact looking to detain Gaspar Avendaño Hernandez, Cruz's boyfriend, who had been twice deported in 2011 after a felony conviction, but had returned to law enforcement's radar after being caught of using a "forged document" (reportedly a fake Connecticut license plate.)
Diaz Cruz attempted to intervene in the arrest, and during the confrontation that ensued, an unnamed ICE officer fired a gun, tearing through Diaz Cruz's hand and cheek, causing vision loss, sinus damage and fractures, according to his lawyer.
Avendaño Hernandez suffered heart damage and a condition called rhabdomyolysis after being tased by ICE officers that morning, according to testimony from emergency medical physician Marie DeLuca, who reviewed his medical records as a volunteer with the Medical Provider Network of New York Lawyers for the Public Interest.
"What happened to my family was abuse and an injustice," Cruz said in Spanish through an interpreter at Friday's hearing. "Even though we have a president that wants to paint us as criminals, I am here to say that we have been victims of a crime that occurred here in the City of New York. A crime that was a result of the federal government."
She called on New York Attorney General Letitia James to investigate and asked for legislators to support the release of her partner, Avendaño Hernandez, who remains in a New Jersey detention center. (Diaz Cruz has since been discharged from the hospital. The DHS Office of Inspector General is conducting an investigation into the shooting.)
The violent arrest builds on months of what some see as escalated attacks on New York City by the federal government. The City Council's immigration and hospital committees held the hearing Friday in an attempt to untangle why law enforcement officials ended up inside Maimonides Medical Center, the hospital where the two men were taken, allegedly blocking Cruz from seeing her son and boyfriend, according to witnesses. Cruz also alleged New York City police assisted federal authorities.
"After the attack that was suffered by the hands of the federal government, the federal government went into the hospital where they told me I was not able to speak to my son or my husband," Cruz said. "This needs to be investigated."
ICE's own policy bars it from taking enforcement actions at "sensitive locations," such as hospitals, except under specific circumstances.
Councilmember Carlos Menchaca, who chairs the immigration committee, witnessed plainclothes officers with guns blocking Diaz Cruz from his mother in the emergency room that morning, he said.
"That breeds such a panic for doctors that didn't understand what was happening, watching that unfold," Menchaca said.
ICE declined to comment on the allegations, but noted two ICE officers were also treated at the hospital. A spokesperson has previously declined to provide any detail on their injuries beyond saying that one officer had sustained "a substantial injury to the face."
The spokesperson said ICE did not go to the hospital to conduct an enforcement action and that, typically, people under arrest are monitored by law enforcement while in the hospital.
Bitta Mostofi of the Mayor's Office of Immigrant Affairs noted there have been no other reports in New York City specifically of ICE in sensitive locations like schools or hospitals.
"I think it's very important, while we understand the nature of immigration enforcement looks as if it's been shifting, while we've heard concerning reports of enforcement actions happening not in New York City, but in other locations near schools, we have yet to hear reports of civil immigration enforcement actions happening in schools, in hospitals," Mosofi said, emphasizing Maimonides Medical Center was a rare circumstance.
Representatives of Maimonides Medical Center—where protesters gathered in support of the family in the days following the shooting—did not testify at Friday's hearing, to the disappointment of Councilmember Carlina Rivera.
"I'm disappointed that they are not here today," Rivera said.
The hospital said patient privacy laws prevented them from testifying.
"It is simply unacceptable in the way that ICE acted as it did on February 6th," Rivera said in opening remarks. "I'm disgusted by the stories that I'm hearing and I'm particularly concerned about the health impacts of the increased ICE activity in our cities on our immigrant population."
This article has been updated with additional reporting.