The New York Attorney General's Office has determined it can't take legal action against those involved in the death of a nearly-blind Rohingya refugee in Buffalo earlier this year.
In two Aug. 3 letters sent by state Attorney General Letitia James to Erie County District Attorney Michael Keane and obtained by the USA TODAY Network on Wednesday, Aug. 12, James said her office doesn't have the authority or jurisdiction to prosecute the U.S. Border Patrol agents involved in the February death of Nurul Amin Shah Alam.
Shah Alam was found dead on a downtown Buffalo Street on Feb. 24, several days after Border Patrol agents dropped him off at a coffee shop miles from where he had been living after being released from the Erie County Holding Center
on Feb. 19. His death was ruled a homicide by the Erie County Medical Examiner's Office in April as the autopsy stated he died due to a perforated duodenal ulcer brought on by hypothermia and dehydration.
James said U.S. Customs and Border Protection declined to provide any information about the involved Border Patrol agents, including their identity and any associated body-worn camera footage, which they're not legally required to do. Her office is, however, looking into whether any systemic issues exist that need to be addressed, including any possible accessibility barriers.
Here's the latest.
What happened to Shah Alam?
Shah Alam, 56, was reported missing by the Legal Aid Bureau attorney representing him on Feb. 22, three days after U.S. Border Patrol agents dropped him off at a Tim Hortons miles from his last known place of residence, the police report states.
According to Reuters, the Erie County District Attorney's Office said Shah Alam was arrested a year ago following an incident that resulted in minor injuries to two Buffalo Police officers. He was released on bail in February after he had agreed to a plea deal, the district attorney's office said.
Following Shah Alam's arrest, ICE issued an immigration detainer, or a formal request to take custody of a noncitizen, after his scheduled release from criminal detention, which is why the sheriff’s office contacted Border Patrol prior to his release, a spokesperson for the sheriff's office told Reuters.
In a statement to Buffalo-based news outlet Investigative Post, a U.S. Customs and Border Protection spokesperson said agents dropped Shah Alam off at a coffee shop after agents determined he had entered the country as a refugee and could not be deported. Shah Alam was in the agency's custody for about three hours, according to the Investigative Post's reporting.
"Border Patrol agents offered him a courtesy ride, which he chose to accept to a coffee shop, determined to be a warm, safe location near his last known address, rather than be released directly from the Border Patrol station," the agency said. "He showed no signs of distress, mobility issues or disabilities requiring special assistance."
Will the Erie County District Attorney pursue charges?
While James said her office can't take any further action, the letter clarifies that the Erie County District Attorney can and the AG's Office will support their office if they choose to.
When the autopsy findings were released in April, the DA's office requested the report and said they would review its findings. The office has not acknowledged whether they plan to pursue charges, though.
"At this time, our investigation into the death of Nurul Amin Shah Alam remains ongoing," the District Attorney's Office said in a statement on Aug. 12. "We understand the public interest in this case and will provide an update at the appropriate time."
Buffalo Mayor Sean Ryan, who has been outspoken about the tragic incident, said the City of Buffalo would also support the DA's Office if they decide to pursue a criminal investigation.
"The death of Nurul Amin Shah Alam deserves a full and thorough accounting," Ryan said in a statement on Aug. 12. "The federal government has a responsibility to investigate the actions of its own agents, and it is deeply disappointing that it has not done so."
Emily Barnes covers state government for the USA TODAY Network-New York with a focus on how policy and laws impact New Yorkers' taxes, communities and jobs. Follow her on Instagram or X @byemilybarnes. Get in touch at ebarnes@usatodayco.com.
This article originally appeared on Rochester Democrat and Chronicle: NY AG unable to pursue criminal charges in refugee death in Buffalo
