A Guatemalan immigrant charged with murder after allegedly setting a woman on fire on a New York subway will avoid deportation due to the city’s sanctuary policies, despite federal immigration authorities requesting his detention.
Sebastian Zapeta-Calil, 33, faces murder and arson charges in the brutal killing of 57-year-old Debrina Kawam at Brooklyn’s Coney Island station on Dec. 22.
Zapeta-Calil set the New Jersey woman ablaze while she slept on a stopped train then fanned the flames with a shirt before sitting on a platform bench watching her burn, according to prosecutors.
Department of Homeland Security Secretary Kristi Noem condemned the decision during a visit to New York City this week.
Standing at the Coney Island station where the attack occurred, Noem said: “ICE lodged an immigration detainer with the NYC Department of Corrections to take this depraved alien into custody.”
She added, “because of current sanctuary city policy, the corrections department has indicated it will NOT honor the detainer.”
Noem didn’t mince words about the implications: “This is disgusting. New York politicians are allowing the murder of their own citizens. Governor Hochul should impose an emergency suspension of sanctuary protection by executive order NOW.”
The case highlights the controversial impact of sanctuary city laws, which prohibit local law enforcement from cooperating with immigration authorities to hold migrants for deportation proceedings.
While Zapeta-Calil will face trial for his alleged crimes in New York, these policies prevent ICE from taking custody of him for potential deportation after any sentence is served.
ICE officials reported that Zapeta-Calil initially entered the United States illegally from Guatemala in 2018 and was deported, but later re-entered the country.
Prior to the attack, the Daily Mail reported that he had been living in a Brooklyn shelter and working as a roofer.
The horrific incident has intensified national debate about crimes committed by illegal immigrants, Resist the Mainstream previously reported.
New York City Mayor Eric Adams has been pushing to loosen sanctuary city legislation to allow the NYPD to collaborate with ICE in addressing illegal migration.
Following Zapeta-Calil’s arrest, Adams called for federal prosecutors to pursue charges alongside state charges.
“Lighting another human being on fire and watching them burn alive reflects a level of evil that cannot be tolerated,” the mayor stated, per Daily Mail.
The attack occurred around 7:30am at the Coney Island-Stillwell Avenue station while Kawam was reportedly sleeping on the subway car. Viral footage showed an NYPD officer walking past the fire while a man, allegedly Zapeta-Calil, watched.
During an interview with detectives, Zapeta-Calil reportedly identified himself in surveillance video, saying, “Oh, damn, that’s me.”
The transcript released by authorities after his not guilty plea indicates he reacted with “disgust” and “strangeness” when shown the footage, the Daily Mail outlined.
“I am very sorry. I didn’t mean to,” he told detectives according to the transcript.
“I don’t know what happened, but I’m very sorry for that woman.” He claimed he had been drinking heavily throughout the night before falling asleep on the subway, with no memory of what happened next.If convicted of the top charge, Zapeta-Calil faces a maximum sentence of life in prison without parole.
