FIRST ON FOX: The suspect, identified as Roman Ceron Amatitla, a 38-year-old Mexican national residing illegally in the U.S., stands accused of setting the apartment building ablaze at random. Despite the severity of the charges, there is a possibility that Amatitla could avoid detention by immigration authorities, as the Department of Homeland Security (DHS) reports that New York City officials are not complying with their request to hand him over.

Amatitla, who resides in Maspeth, faces eight counts of second-degree murder and first-degree arson. The fire, which occurred on March 16, took place in a three-story building located in Flushing. According to Queens District Attorney Melinda Katz, Amatitla’s actions were both random and deliberate.

On the day of the fire, he was seen entering and exiting the Avery Avenue building several times, engaging in erratic behavior such as urinating in front of the apartments. Afterward, he visited a nearby gas station, purchasing a beer, and allegedly stealing another along with a pack of matches when he refused to pay for a lighter.

Authorities claim that Amatitla returned to the building for the final time, where he ignited a piece of paper and threw it onto a pile of trash near a stairwell, sparking the deadly fire. The incident prompted a substantial emergency response, highlighting the severity and chaos of the situation at the time.

A large response was seen near the March 16 fire in New York City. (Peter Gerber)

As smoke engulfed the street, Katz said he stayed in the immediate area to watch people burn and jump from the windows while sipping his beer, in what she described as an “act of mass murder.”

On Tuesday, U.S. Customs and Immigration Enforcement (ICE) requested the New York City Department of Corrections (NYCDOC) not release Amatitla from jail.

However, because of New York’s sanctuary policies, the NYCDOC told ICE that it will refuse to cooperate.

“This monster set fire to a building and watched as innocent people, including a three-year-old, burned to death. New York City sanctuary politicians REFUSE to cooperate with ICE and are choosing to RELEASE this MURDERER onto New York streets,” DHS acting assistant secretary Lauren Bis told Fox News Digital.

Roman Ceron Amatitla is charged in connection with a deadly New York City arson. (DHS)

“New York’s sanctuary politicians must stop putting politics above public safety,” she continued. “Releasing this monster from jail is insanity and will allow him to commit more crimes and create more innocent victims. We are calling on Governor Hochul and Mayor Mamdani to not release this public safety threat.”

DHS claims New York City Mayor Zohran Mamdani’s executive order shields criminal illegal immigrants and “allows them to reoffend and create more innocent victims.”

At least four people died in the New York City fire, which was allegedly intentionally set last month. (Peter Gerber)

Mamdani’s action came after Democrat Gov. Kathy Hochul’s legislative proposal to bar local police departments from partnering and cooperating with ICE enforcement.

DHS said New York’s failure to honor ICE detainers has resulted in the release of 6,947 illegal immigrants from Jan. 20 to Dec. 1, who are accused of crimes including: 29 homicides, 2,509 assaults, 199 burglaries, 305 robberies, 392 dangerous drugs offenses, 300 weapons offenses and 207 sexual predatory offenses.

Roman Amatitla was seen being transported in handcuffs. (WNYW)

In addition, DHS said 7,113 illegal immigrants in the custody of a New York jurisdiction had an active detainer during that time period for crimes including: 148 homicides, 717 assaults, 134 burglaries, 106 robberies, 235 dangerous drugs offenses, 152 weapons offenses and 260 sexual predatory offenses.

DHS officials confirmed Amatitla is an illegal immigrant, though it is unclear where and when he entered the country.