The Department of Homeland Security is facing new questions over a migrant’s death — this time a refugee here with legal status who died after Border Patrol agents left him at a coffee shop in Buffalo.
Nurul Amin Shah Alam was found dead Tuesday in temperatures well below freezing. The 56-year-old was reportedly nearly blind and did not speak English.
The local congressman, Rep. Tim Kennedy, asked the New York attorney general’s office to investigate the circumstances, saying Shah Alam’s death means something went wrong at the Border Patrol.
“The death of Mr. Shah Alam is a tragedy that should have never happened. A full, transparent, and independent investigation at the local, state and federal levels is essential to ensuring accountability, restoring public trust and delivering justice for the Shah Alam family,” the Democratic lawmaker wrote.
Homeland Security defended its agents.
The department said they responded to the Buffalo Police Department on Feb. 19 to take custody of Shah Alam as he was about to be released from pretrial detention in a local case against him.
Agents determined that he was here as a refugee and was not deportable. They then had to figure out what to do with him.
“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 department said. “He showed no signs of distress, mobility issues or disabilities requiring special assistance.”
Buffalo’s mayor, though, said Shah Alam wasn’t even wearing shoes when he was released into the cold winter night, but had on booties from the jail.
Local media reported that coffee shop, a Tim Horton’s location, was closed at the time, though the drive-through window was open. It was also miles from the home address he gave, and that address was an old one. His family didn’t live there anymore.
A woman reported him to police on Feb. 24, five days after the Border Patrol dropped him off. The woman said she saw him moving at about 5:30 p.m., but when she passed by three hours later he was still on the ground and not moving.
His whereabouts from Feb. 19, when he was released from jail and then from Border Patrol custody, to Feb. 24 are unclear.
Shah Alam came to the U.S. in December 2024 as a refugee from Burma, where the Rohingya people have faced persecution.
Just months later, in February 2025, Buffalo police arrested him and charged him with felony assault. Police said he bit an officer who was trying to handcuff him.
Local prosecutors later offered him a plea deal on misdemeanor charges, in part because a felony would have meant he could be deported.
He pleaded guilty on Feb. 9 and was to be sentenced next month. Bond was posted on Feb. 19 and he was released to the Border Patrol, in compliance with a federal deportation “detainer” request.
The district attorney’s office said it had thought Shah Alam would be held until his sentencing.
