The Department of Homeland Security is blasting the NYPD saying accused murderer Reeaz Khan should have been behind bars for a previous arrest when he allegedly sexually assaulted and killed 92-year-old Maria Fuertes last week on a Queens street.

"And ICE did request that the city detain him and he was released without bail. People should be very concerned about these unintended consequences of sanctuary city policies," said Councilman Eric Ulrich.

Immigration and Customs enforcement says it asked the NYPD to hold Khan in November for possible deportation after he was arrested for allegedly assaulting his father. ICE says Khan is from Guyana and unlawfully in the country.

The police department says at the time it did not receive an ICE detainer for the 21-year-old.

ICE called that disingenuous and absolutely shameful.

And then the agency released the detainer request it said was faxed to the NYPD and Queens Central booking asking for Khan to be held until ICE agents could pick him up.

New York is a sanctuary city which means it doesn't turn a defendant over to ICE for deportation unless the individual is convicted of a violent, serious crime, and ICE has met certain legal requirements, a policy President Trump has repeatedly denounced.

Republican City Councilman Eric Ulrich of Queens is outraged saying the city needs to do a better job communicating with the feds.

"Sanctuary cities are not meant to protect the rights of dangerous criminals and people who want to do harm to the rest of society, the rest of the city. In this instance this individual was able to slip through the cracks of the criminal justice system and carry out such a terrible, heinous, vicious, evil crime on an innocent 92-year-old woman," said Ulrich.

But Democratic Councilwoman Adrienne Adams of Queens says it's wrong to use Khan as an argument against sanctuary cities.

"I think it is real unfortunate Dean that ICE is choosing this horrible situation to politicize it and to use it this way. He is not every New Yorker, he is not every immigrant. So it is unfortunate that this situation is being used as a political football right now,” said Councilwoman Adrienne Adams.

Khan has remained in jail since his arrest in the death of Fuertes. If convicted, the 21-year-old faces 25 years to life in prison.