NY prosecutor sidesteps sanctuary law and coordinates ICE arrest of Guatemalan child rape suspect

In Riverhead, New York, a man from Guatemala, accused of child rape, was transferred to the custody of Immigration and Customs Enforcement (ICE). This decision effectively bypassed New York’s sanctuary policies, which might have otherwise seen him released without bail. This strategic move kept him off the streets until an indictment was secured, according to the Suffolk County District Attorney’s Office.

“Two progressive reforms had to be navigated deftly to hold the defendant responsible for his alleged horrific crimes,” stated District Attorney Ray Tierney.

Under current state policies, prosecutors are barred from requesting cash bail or bond for the initial charge of endangering the welfare of a child, as noted by the DA’s office.

Moreover, the “Protect Our Courts Act” of 2020 poses legal risks for ICE agents, who could face prosecution if they attempt to arrest a suspect at the courthouse after a no-bail release.

A split image shows Suffolk County District Attorney Ray Tierney speaking at a news conference alongside the mugshot of suspected child rapist Carlos Aguilar Reynoso

Left: Suffolk County District Attorney Ray Tierney addresses the media at a press conference in Hauppauge, New York, on April 4, 2024. Right: Carlos Aguilar Reynoso, the accused child rapist and undocumented immigrant, in an ICE booking photo. (Image Credit: James Carbone/Newsday RM via Getty Images, ICE)

“Astonishingly, in Albany, new sanctuary laws are being considered that would prevent any communication with federal immigration authorities,” Tierney remarked. “My message to our state legislators and governor is simple: cease protecting the rights of alleged child rapists at the cost of child victims.”

Carlos Aguilar Reynoso, 27, has now been indicted for the alleged rape of a 5-year-old girl he was supposed to be babysitting while her mother was at work on Feb. 1. Her injuries were severe enough to require surgery, according to prosecutors.

Suffolk County District Attorney Ray Tierney standing in court in Riverhead New York

Suffolk County District attorney Ray Tierney appears in court for Rex Heuermann’s status conference at Suffolk County Court in Riverhead, New York on Wednesday, January 29, 2025. (James Carbone/Newsday)

Police arrested Reynoso the next day — before the crime lab finished testing the evidence. So he was initially only charged with endangering the welfare of a child.

Tierney’s office and the Suffolk County Police Department found a loophole. They released Reynoso with only a desk appearance ticket, rather than bringing him to court — and that allowed them to coordinate his immediate arrest by ICE for allegedly entering the U.S. illegally.

He was in ICE custody for 11 days while DNA testing was underway. When the results came in, they showed a match between Reynoso and samples collected from the 5-year-old victim, according to Tierney’s office.

It would be more than a month before his March 23 arraignment on five charges, including three felonies: sexual assault of a child, first-degree rape and first-degree sex abuse.

New York Gov. Kathy Hochul speaking at a news conference at WIN NYC family shelter

Kathy Hochul, governor of New York, speaks during a news conference at the WIN NYC family shelter in New York, US, on Thursday, March 5, 2026. (Adam Gray/Bloomberg)

He remained in ICE custody the whole time.

In a statement, ICE’s New York Enforcement Removal Operations field office director, Kenneth Genalo, said the case shows how Empire State’s sanctuary laws expose helpless victims to “unnecessary harm.”

“Had there not been coordination in this case, this depraved criminal — who brutally terrorized a young child who will forever bear the physical and emotional scars of this violent attack — would be free to harm additional children in our state,” he said in a statement posted to X.

The charges in the indictment rose to a level that allowed the judge to order Reynoso held without bail at the Suffolk County Jail in Riverhead. He faces up to life in prison if convicted.

“I would also like to commend ICE as a law enforcement partner for preventing this defendant from potentially fleeing these very serious charges,” Tierney said.

Authorities said they declined to release specifics about the case, including where the abuse took place, in order to protect the victim’s identity.

Reynoso is due back in court on April 27.

The DA is also taking a hands-on role in the prosecution of suspected Gilgo Beach serial killer Rex Heuermann and has been a critic of bail rules that he has said allow allegedly dangerous people to go back into the community.

Those include a group accused of dismembering someone and scattering body parts around the town of Babylon in 2024.

<!–>

–>

You May Also Like

I stripped down for a $499 health scan — was it worth it?

I Tried a $499 Full-Body Health Scan—Was It Worth It?

Dressed in nothing but my underwear, I stood before roughly a dozen…
Texas TSA agents seize pocketknife found concealed inside tube of toothpaste in Dallas

TSA Agents Find Concealed Pocketknife Inside Toothpaste Tube at Dallas Airport

A routine carry-on screening at a Texas airport turned into an unusual…
Minnesota's self-described 'MILF' mayor sued by own police chief over sexual harassment, retaliation

Minnesota Mayor Sued by Police Chief Over Harassment Claims

St. Paul Mayor Kaohly Her, a Democrat who has referred to herself…
California gunman repeatedly released before deadly rampage, fiery shootout with deputies

California Gunman Repeatedly Released Before Deadly Rampage

A California murder suspect was arrested three times in fewer than two…
Eliana Moreno’s fiancé breaks silence after NBC helicopter crash in LA

Eliana Moreno’s Fiancé Speaks Out After NBC LA Helicopter Crash

The fiancé of reporter Eliana Moreno, who died in an NBC Los…
Caleb Flynn’s ex-mistress reveals her new feelings about ‘American Idol’ alum after he 'murdered his wife for her'

Caleb Flynn’s Ex-Mistress Reveals Feelings After Wife’s Murder

The former lover of ex-American Idol contestant Caleb Flynn told jurors Wednesday…
NYC kitten rescue Itty Bitty City Kitties bans MAGA from adoption in Brooklyn

Brooklyn Kitten Rescue Itty Bitty City Kitties Bans MAGA Supporters From Adopting

A New York City kitten rescue is defending its adoption screening process…
One of Atlanta's most wanted fugitives captured in Jacksonville three years after murder

Atlanta’s Most Wanted Murder Fugitive Caught in Jacksonville

Jonathan Soto, 43, is wanted in connection with the 2023 killing of…
Parents accuse Oregon hospital of making them drive dead baby home to Seattle: lawsuit

Lawsuit: Oregon Hospital Made Parents Drive Their Dead Baby Home to Seattle

A Seattle couple has filed a lawsuit alleging that an Oregon hospital…
Chicago Mayor Brandon Johnson introduces data center moratorium at City Council meeting; renter protections, worker safety rules

Johnson Introduces Data Center Moratorium, Renter, Worker Rules

CHICAGO () — Chicago City Council members were preparing to take up…
Virginia county to pay up to $2K to families with primary wage earner detained by ICE

Virginia GOP Chair Criticizes Arlington County Officials Over Immigration and Public Safety Priorities

A new House Judiciary Committee report criticizing one Virginia county’s resistance to…
Tennessee cops raided man's home after he criticized officer for speeding: lawsuit

Lawsuit: Tennessee Police Raided Home Over Speeding Criticism

A Tennessee man arrested in a pre-dawn police raid after recording and…