NY Prosecutor Uses ICE Custody to Hold Guatemalan Babysitter Accused of Predatory Rape of 5‑Year‑Old Despite Sanctuary and Bail Limits
Suffolk County DA Ray Tierney says his office issued only a desk appearance ticket so ICE could immediately arrest Guatemalan babysitter Carlos Aguilar Reynoso and keep him in custody for 11 days while DNA testing was completed; Reynoso was initially charged Feb. 2 with endangering the welfare of a child and was later arraigned March 23 on five counts — including first‑degree rape, first‑degree sex abuse and sexual assault of a child — after a DNA match. Tierney framed the maneuver as necessary to “navigate” New York’s bail reforms and the 2020 Protect Our Courts Act, and an ICE field director warned sanctuary laws can harm victims.
📌 Key Facts
- DA Ray Tierney and Suffolk County Police deliberately avoided an initial court appearance and instead issued only a desk appearance ticket so ICE could immediately arrest Carlos Aguilar Reynoso, keeping him confined despite New York’s no-bail rules for the initial child-endangerment charge.
- Reynoso was held in ICE custody for 11 days while DNA testing was completed; the DNA match to samples from the 5-year-old victim formed the basis for later grand jury action and subsequent charges.
- Reynoso’s initial charge on Feb. 2 was endangering the welfare of a child filed before lab results were available; after the DNA match he was arraigned on March 23 on five counts, including first-degree rape, first-degree sexual abuse and sexual assault of a child.
- Tierney framed the maneuver as necessary to “navigate” two progressive reforms: New York’s bail law changes (which barred prosecutors from even asking for cash bail on the initial charge) and the 2020 Protect Our Courts Act (which could expose ICE agents to prosecution if they made an arrest at the courthouse).
- Tierney warned that additional sanctuary bills pending in Albany would have barred his office from even speaking with ICE; an ICE field director gave an on-the-record statement that New York’s sanctuary laws expose victims to “unnecessary harm.”
📊 Relevant Data
In New York State, Black individuals comprise 15.9% of the population but represent 37.2% of Level 3 sex offenders, indicating an overrepresentation by 134%.
Demographics Of 'Level 3' Sex Offenders Reveal Gross Racial Disparities, NYCLU Analysis — New York Civil Liberties Union
In Suffolk County, NY, the Hispanic population has increased significantly over the last two decades, contributing to greater diversity on Long Island, with White (Non-Hispanic) residents at 949,000 and Other (Hispanic) at 140,000 in 2024, out of a total population of approximately 1.53 million.
Suffolk County, NY - Data USA — Data USA
A 2024 study found that the sanctuary policy introduced in 2002 in New York reduced the rates of robbery in precincts with high immigrant populations.
The local effect of sanctuary policies on crime: Evidence from New York City — Center for Spatial Information Science, The University of Tokyo
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- DA Ray Tierney lays out how his office and Suffolk County Police deliberately avoided an initial court appearance and instead issued only a desk appearance ticket so ICE could immediately arrest Carlos Aguilar Reynoso, keeping him confined despite New York’s no-bail rules for the initial child-endangerment charge.
- The article specifies that Reynoso was held in ICE custody for 11 days while DNA testing was completed, and that the DNA match to samples from the 5-year-old victim formed the basis for later grand jury action.
- Tierney explicitly frames the maneuver as necessary to “navigate” two “progressive” reforms: New York’s bail laws (which barred prosecutors from even asking for cash bail on the first charge) and the 2020 Protect Our Courts Act (which could expose ICE agents to prosecution if they made an arrest at the courthouse).
- The piece quotes Tierney warning that additional sanctuary bills now pending in Albany would have barred his office from even speaking with ICE, and includes an ICE field director’s on-the-record statement that New York’s sanctuary laws expose victims to “unnecessary harm.”
- The article clarifies that Reynoso’s initial charge on Feb. 2 was endangering the welfare of a child filed before lab results came back, and that his March 23 arraignment was on five counts including first-degree rape, first-degree sex abuse and sexual assault of a child after a DNA match.