A Mexican national accused of setting a fatal fire inside a Queens apartment building could be released from custody as New York City officials decline a request from federal immigration authorities to take him into custody.

Roman Ceron Amatitla, 38, of Maspeth, has been charged with eight counts of second-degree murder and first-degree arson in connection with a March 16 fire at a three-story building on Avery Avenue in Flushing.

Prosecutors allege the fire killed four people and injured seven others.

According to Queens District Attorney Melinda Katz, Amatitla selected the building at random and was seen entering and exiting it multiple times on the day of the incident.

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Katz said he urinated in front of the apartments before going to a nearby gas station, where he purchased a beer, stole another, and took a pack of matches after refusing to pay for a lighter.

Authorities allege Amatitla returned to the building a fourth time, where he lit a piece of paper and tossed it onto trash near a stairwell, igniting the fire.

Katz said he remained in the area as the blaze spread.

As smoke filled the street, Katz said he watched as residents attempted to escape, including individuals who jumped from windows.

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She described the incident as an "act of mass murder."

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U.S. Immigration and Customs Enforcement requested on Tuesday that the New York City Department of Corrections hold Amatitla and transfer him into federal custody. The request was denied.

City officials cited sanctuary policies in declining to cooperate with the detainer request.

The New York City Department of Corrections informed ICE that it would not comply.

Department of Homeland Security officials criticized the decision and warned of potential public safety risks if Amatitla is released.

"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.

"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 also pointed to policies tied to New York City Mayor Zohran Mamdani, stating that an executive order shields criminal illegal aliens and "allows them to reoffend and create more innocent victims."

The policies referenced by DHS followed legislative proposals from Democrat Gov. Kathy Hochul that would bar local law enforcement agencies from cooperating with federal immigration authorities.

Federal officials also cited broader data related to ICE detainers in New York.

According to DHS, between Jan. 20 and Dec. 1, 6,947 illegal aliens were released despite detainer requests.

Those individuals were accused of crimes that included 29 homicides, 2,509 assaults, 199 burglaries, 305 robberies, 392 dangerous drugs offenses, 300 weapons offenses, and 207 sexual predatory offenses.

During the same period, DHS reported that 7,113 illegal immigrants in custody within New York jurisdictions had active detainers.

Those cases included allegations of 148 homicides, 717 assaults, 134 burglaries, 106 robberies, 235 dangerous drugs offenses, 152 weapons offenses, and 260 sexual predatory offenses.

DHS officials confirmed that Amatitla is in the country illegally, though details about when and where he entered the United States have not been released.

The case remains ongoing as prosecutors continue to pursue charges in connection with the March 16 fire.

The status of Amatitla’s custody could depend on further legal proceedings and decisions by local authorities regarding compliance with federal immigration requests.

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