A Mexican national illegal alien accused of randomly setting a New York City apartment building on fire that killed four people and injured seven others, could be released back onto the streets as Department of Homeland Security officials say the city is refusing a request to turn him over to immigration authorities.

Roman Amatitla, 38, of Maspeth, is charged with eight counts of second-degree murder and first-degree arson after allegedly lighting a three-story Flushing building on fire March 16, which he selected at random.

Queens District Attorney Melinda Katz said that on the day of the blaze, Amatitla entered and exited the Avery Avenue building multiple times, urinated in front of the apartments, and then went to a nearby gas station — where he bought a beer, stole a second one and took a pack of matches after refusing to pay for a lighter.

Authorities allege he then entered the apartment building for a fourth and final time, lighting a piece of paper on fire and tossing it onto trash near a stairwell.

As smoke engulfed the street, Katz said he stayed in the immediate area to watch people burn and jump from the windows while sipping his beer, in what she described as an “act of mass murder.”

On Tuesday, US Customs and Immigration Enforcement (ICE) requested the New York City Department of Corrections (NYCDOC) not release Amatitla from jail.

However, because of New York’s sanctuary policies, the NYCDOC told ICE that it will refuse to cooperate.

“This monster set fire to a building and watched as innocent people, including a three-year-old, burned to death. New York City sanctuary politicians REFUSE to cooperate with ICE and are choosing to RELEASE this MURDERER onto New York streets,” DHS acting assistant secretary Lauren Bis told Fox News Digital.

“New York’s sanctuary politicians must stop putting politics above public safety,” she continued.

“Releasing this monster from jail is insanity and will allow him to commit more crimes and create more innocent victims. We are calling on Governor Hochul and Mayor Mamdani to not release this public safety threat.”

DHS claims New York City Mayor Zohran Mamdani’s executive order shields criminal illegal immigrants and “allows them to reoffend and create more innocent victims.”

Mamdani’s action came after Democrat Gov. Kathy Hochul’s legislative proposal to bar local police departments from partnering and cooperating with ICE enforcement.

DHS said New York’s failure to honor ICE detainers has resulted in the release of 6,947 illegal immigrants from Jan. 20 to Dec. 1, who are accused of crimes including: 29 homicides, 2,509 assaults, 199 burglaries, 305 robberies, 392 dangerous drugs offenses, 300 weapons offenses and 207 sexual predatory offenses.

In addition, DHS said 7,113 illegal immigrants in the custody of a New York jurisdiction had an active detainer during that time period for crimes including: 148 homicides, 717 assaults, 134 burglaries, 106 robberies, 235 dangerous drugs offenses, 152 weapons offenses and 260 sexual predatory offenses.

DHS officials confirmed Amatitla is an illegal immigrant, though it is unclear where and when he entered the country.