ICE Shooting in Marble Hill Sparks Legal Fight and Protests

A federal immigration operation in Marble Hill, Upper Manhattan, left a 28-year-old Dominican national wounded by gunfire, triggered protests and prompted a federal court to restrict his deportation. Oscar Belgal was shot in the neck on Thursday, October 8, 2026, while his 5-year-old son was inside his vehicle, according to New York City officials and federal authorities.

New York Police Department Commissioner Jessica Tisch said at least one Immigration and Customs Enforcement officer fired seven rounds during the encounter. Belgal was struck below his left ear and taken to a hospital in stable condition. His son was unharmed and later placed in a family member's care, according to police.

On Friday, October 9, U.S. District Judge Paul Oetken temporarily prohibited federal authorities from deporting Belgal without a court order while his challenge to detention remained pending. The judge also restricted transfers to facilities outside the Southern or Eastern Districts of New York or the District of New Jersey without prior court approval. A court filing used the spelling Oscar Bergal, while police identified him as Oscar Belgal.

Federal officials defended the officers' actions, saying Belgal attempted to drive away and endangered personnel. New York Mayor Zohran Mamdani criticized the operation, while Governor Kathy Hochul called for answers and requested the release of body-camera footage.

Tisch said surveillance video showed a plainclothes federal officer approaching the driver's side of Belgal's gray Honda CR-V with a gun drawn, while another officer approached near the front of the vehicle. The car then moved forward and left the camera's view. The surveillance recording did not capture the shooting itself.

Police recovered the SUV with damage to its front windshield and a shattered rear window. An ICE vehicle also had damage to its front-left side. Tisch said officers responding to two emergency calls found Belgal handcuffed and seated on the ground before transporting him for medical treatment. The NYPD was not involved in the federal operation before the shooting, and federal authorities took over the investigation.

In a Friday news conference, DHS Secretary Markwayne Mullin said officers did not know a child was inside the vehicle.

"We weren't aware the child was in the car," Mullin said.

Mullin argued that Belgal had endangered the child by attempting to evade officers. He also said federal authorities believed Belgal had direct or indirect knowledge of a shooting involving a U.S. Customs and Border Protection officer, making him a target of the operation.

Senior ICE official Marcos Charles said officers used vehicles to block Belgal's SUV as they attempted to arrest him. Charles alleged that Belgal accelerated toward officers and struck two ICE vehicles before the shooting.

"Our officers, using their training and believing that their life and the life of their partners and the general public were in danger, used their training and fired weapons," Charles said.

Charles described the neck injury as superficial and said authorities were investigating how many officers fired their weapons. Mullin also said officers had identified themselves and activated their body-worn cameras. However, footage showing the actual shooting had not been made public in the reports available Friday.

Mamdani condemned the use of force, particularly because a young child was inside the vehicle.

"There is no explanation for these tactics. There is no explanation for federal officers firing this many rounds into a car that has a 5-year-old in the car. There is no explanation," Mamdani said.

The mayor said the officers' clothing and concealed faces made it difficult for residents to distinguish federal agents from other armed individuals. He also said negotiations with President Donald Trump and Mullin to secure Belgal's release from federal custody had failed.

"New York City will not stand by while ICE agents shoot New Yorkers, and we will not back down from the demand that so many, including myself, have put forward time and again. This is an agency that must be abolished," Mamdani said.

Hochul said she had spoken with Trump and Mullin about the incident and urged federal authorities to halt ICE enforcement operations in New York. She also requested that investigators release relevant body-camera recordings to help establish what happened.

Belgal's criminal history became another point of dispute. Tisch said a 2023 robbery arrest resulted in a guilty plea to fourth-degree grand larceny and five years of probation. A separate 2025 case involving the alleged criminal sale of a controlled substance remained pending.

DHS also alleged that Belgal had associations with the Trinitarios criminal group. The legal organization representing him told the BBC that its lawyers had not yet been able to speak with him.

The shooting drew residents and demonstrators to the Marble Hill area near West 225th Street and Marble Hill Avenue. Witness Orlando Perez told Gothamist that he saw people wearing vests fire toward a vehicle as it attempted to leave.

"I threw myself on the floor hoping I didn't get shot," Perez said. "It was in my direction that they were shooting."

Witness Alejandro Uzhca, 19, said he heard glass breaking and seven gunshots in the normally peaceful neighborhood. City Councilmember Pierina Sanchez also criticized the operation, saying residents were being terrorized by federal enforcement activity.

The case has intensified tensions between New York officials and the Trump administration over immigration enforcement. Federal authorities have declined to suspend operations in the city, while the investigation into the shooting and Belgal's legal challenge remain unresolved.