The suspected MS-13 gang member accused of fatally shooting a member of a rival gang in broad daylight on a New York City subway platform is a Salvadoran national who is in the U.S. illegally, the Immigration and Customs Enforcement (ICE) agency told Fox News on Tuesday.

Ramiro Gutierrez, 26, is set to face charges of second-degree murder, gang assault and criminal possession of a weapon in connection with the Sunday afternoon killing of 20-year-old Abel Mosso, who authorities said was a member of the rival 18th Street Gang. ICE said it had lodged an immigration detainer so that they could be contacted prior to his release.