Buffalo Police Department arrested Nurul Amin Shah Alam instead of trying to support the Blind refugee. Buffalo Police Department/AP
On Wednesday, the Erie County Medical Examiner’s Office announced that it ruled the death of Nurul Amin Shah Alam, a Blind Rohingya refugee who was left on the freezing streets of Buffalo by Border Patrol officers, a homicide. Neither Shah Alam’s family, who had waited to meet him outside the facility where he was being held, nor his lawyers, who had been attempting to contact him, were notified of his location. Shah Alam spoke very little English.
The Associated Press reported that the medical examiner’s office did not “reach any conclusions about responsibility” for the homicide and that Shah Alam’s death was “caused by complications of a perforated duodenal ulcer, precipitated by hypothermia and dehydration. “
“The designation of homicide does not imply intent to cause harm or death,” Erie County official Mark Poloncarz said at a press conference on Wednesday. “Manner-of-death determinations are neutral, non-legal, and exist for vital statistical purposes only. They do not indicate criminality, which is the purview of the justice system.”
Shah Alam was initially arrested after an incident where he became lost attempting to return home; the Buffalo Police Department approached him as a threat, ostensibly for holding a curtain rod he used as a walking stick. Instead of trying to assist him, officers tased and arrested him. He was incarcerated for a year before his release, when Border Patrol in effect dumped him.
The Department of Homeland Security claimed on X that Shah Alam “showed no signs of distress, mobility issues, or disabilities requiring special assistance,” despite being blind and experiencing other health issues. “DHS is lying,” New York Democrat and Senate Minority Leader Chuck Schumer responded in a quote post.
Poloncarz said that he has spoken to Erie County District Attorney Michael Keane and New York Attorney General Letitia James about the case, and he encouraged questions about criminal investigations to be directed to them.
“I want to express my deepest condolences to the family of Mr. Amin Shah Alam for the death,” Poloncarz also remarked. “It should not have happened. Simple as that. The death was one that we believe could have been prevented.”
James, in a press release, said that her office is continuing to investigate Shah Alam’s death. “Mr. Shah Alam fled genocide to build a life in this country,” James said. “Instead, he was abandoned and left to suffer alone in his final hours.
In a press release, Rep. Tim Kennedy (D-N.Y.), who represents the area in Congress, demanded that the Department of Homeland Security, which oversees Customs and Border Patrol, cooperate in James’ state-level investigation.
“In light of this determination, DHS must fully cooperate with New York State Attorney General James, and newly-confirmed DHS Secretary Markwayne Mullin must order an independent and transparent investigation,” he said.
