The suspected MS-13 gang member behind a deadly New York City subway shooting was living in the United States illegally, according to Fox News.

Ramiro Gutierrez, a 26-year-old Salvadorian national- was arrested this week on murder, gang assault, and criminal possession of a firearm charges following the Sunday incident on the platform of a Queens, NY subway station.

“Gutierrez was taken into custody Monday and charged early Tuesday morning. Authorities have since revealed that the suspect was free on $2,500 bail after being busted on attempted murder and other charges late last year,” reports Fox News.

“ICE said it had lodged an immigration detainer so that they could be contacted prior to his release,” adds the report.

Read the full story at Fox News.