Prosecutor discovers gap in sanctuary law to hand over child rape suspect to ICE

Child Rape Suspect from Guatemala Held in Custody

RIVERHEAD, N.Y. — A child rape suspect from Guatemala could have been released without bail under New York state law. However, to sidestep the state’s sanctuary policy, he was taken into custody by Immigration and Customs Enforcement (ICE) and kept off the streets for several months until prosecutors could secure charges, as stated by the Suffolk County District Attorney’s Office.

“We had to successfully push through two progressive reforms to hold this defendant accountable for his horrific alleged crimes,” District Attorney Ray Tierney noted.

The DA’s office explained that a controversial state policy prohibited prosecutors from even requesting a judge to consider cash bail or bond for the initial charge of endangering a child’s welfare.

Additionally, under the state’s 2020 Protect Our Courts Act, ICE officers could face prosecution if they arrest someone in court who has been released without bail.

“Incredibly, a new sanctuary law is currently being considered in Albany, which would have made it impossible to even consult with federal immigration authorities,” Tierney emphasized. “My message to state legislators and the governor is straightforward: Stop prioritizing the rights of suspected child rapists over the rights of child victims.”

Carlos Aguilar Reynoso, 27, is accused of raping a 5-year-old girl who was supposed to be babysitting her mother on February 1 while she worked. The injuries reported were severe enough that the girl needed surgery.

Police arrested Reynoso the following day, even before the crime lab had finished analyzing the evidence. Initially, he was charged only with endangering a child’s welfare.

Tierney’s office and Suffolk County police identified a loophole. Instead of bringing Reynoso to court, they issued him a desk appearance ticket. This allowed ICE to arrange for his immediate arrest on suspicion of illegally entering the U.S.

Reynoso was detained by ICE for 11 days while DNA testing was performed. Results showed a match between Reynoso and samples collected from the 5-year-old victim.

He is set to be arraigned on March 23 on five charges, including three felonies: child sexual assault, first-degree rape, and first-degree sexual abuse.

Kenneth Gennaro, ICE’s New York Field Office Director for Removal Operations, remarked that this incident highlights how New York’s sanctuary laws can put vulnerable victims at risk.

“Without coordinated efforts, this heinous criminal could have been free to inflict harm on more children in our state, including those who will carry the physical and emotional scars of this brutal attack,” he added.

With the indictment, a judge can now order Reynoso to be held without bail in the Suffolk County Jail in Riverhead. If convicted, he faces the possibility of life in prison.