NEW ROCHELLE, NY — Rony Rosario Ramirez appeared in New Rochelle City Court Friday to plead guilty to Endangering the Welfare of a Child, Acting in a manner injurious to a child under 17. He was sentenced to time served, a $200 fine, a $250 DNA Test few and issued a 5 year order of protection to stay away from the victim.
Rosario is an illegally present Guatemalan national. He was removed to Guatemala in 2009 by a Federal Judge. He came back onto the radar the U.S. Immigration and Customs Enforcement agency on February 14th after his arrest by New Rochelle Police on felony rape charges in New Rochelle, NY.
“Rony D. Rosario-Ramirez, aged 26 of this city, was charged with Rape 3rd degree on February 14th at 4 a.m. and held for arraignment,” said New Rochelle Police Captain Cosmo Costa. Third degree rape is having sexual intercourse with someone who was incapable of consenting, typically a minor.
ICE lodged a detainer with local authorities Feb. 19, but the active detainer was not honored, and he was released on bond from the Westchester County Jail February 25.
U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations deportation officers assigned to the ERO New York’s Newburgh Sub-Office arrested Rosario-Ramirez on March 14.
“He was released from the Westchester County Jail, with an active detainer due to Westchester County’s Immigrant Protection Act,” said Rachael Yong Yow
Public Affairs Officer, ICE New York.
“This man with pending rape charges in Westchester, was released back into the unsuspecting community as the local authorities were prevented from honoring our detainer because of their new immigrant protection act,” said Thomas R. Decker, field office director of ERO New York. “Let me make this clear, we are not arresting law abiding legal immigrants, we are charged by Congress to arrest those who are in this country illegally, breaking the laws of this nation, keeping our top priority on criminal aliens and removing the aliens who are threatening our communities.”
“Rosario was taken into ICE custody March 14 and is currently pending removal from the United States”, said Yong Yow.
Rosario is the fourth man from Guatemala arrested in New Rochelle on charges of child rape since 2016.
New Rochelle Mayor Noam Bramson issued a “no comment” statement to Talk of the Sound.
Westchester County Executive George Latimer spokesperson Catherine Cioffi provided the following statement:
On Thursday, February 14 at approximately 7 p.m., Rony Rosario Ramirez was arrested in New Rochelle on charges of third degree rape; he was arraigned in City Court, but did not provide the necessary bail payment to the Court (which set bail of $20,000 cash or $30,000 bond), and therefore was held in custody and sent to the County Department of Corrections (DOC) for incarceration until he could satisfy bail requirements or appear in court for trial as is normal practice.
The following day, Friday, February 15 at 8:44 am, ICE e-mailed DOC requesting they be notified by DOC prior to Rosario Ramirez’s release. Under governing case law and the terms of the County’s IPA (Immigrant Protection Act), the request did not include a judicial order signed by a Federal Judge or magistrate required for information sharing. The DOC advised ICE of the foregoing at 9:56 am, and received no further documents, e-mails or other response from ICE.
Ten (10) days later, on the morning of Monday, February 25, Rosario Ramirez was transported by the New Rochelle Police Department to the City Court; he was not returned to the County DOC thereafter by the New Rochelle Police Department. Rosario Ramirez was not “released into an unsuspecting public” by the County DOC; he was taken by the NRPD for further City Court action. This is the standard procedure for all individuals held by the County on behalf of any local court, until bail requirements are met, or trial commences. The County DOC will follow all mandated orders by a Federal Judge or magistrate; the innocence or guilt of any accused individual is to be adjudicated by the Court, not determined by the DOC or the County government. All regular procedures were followed by the local Court, the Police Department and the County DOC.
New Rochelle Mayor Noam Bramson discussed the response from the County Executive’s office with City Manager Charles B. Strome and New Rochelle Police Commissioner Joe Schaller.
“The NRPD was never informed of the detainer request for Mr. Ramirez, said Bramson.
Asked about the City’s policy on ICE Detainers in light of the Rosario case Bramson so no reason to reconsider the policy.
“The City of New Rochelle’s policy with respect to detainers is reasonable, and I see no need to modify that policy,” said Bramson.
ICE New York Spokesperson Rachael Yong Yow, while not specifically addressing the statement by the Westchester County Executive Office, issued the following guidance:
Congress has established no process, requirement, or expectation directing ICE to seek a judicial warrant from already overburdened federal courts before taking custody of an alien on civil immigration violations. The authority to issue an administrative arrest warrant has been granted to Executive Branch officials by Congress and that authority has been delegated to certain immigration officers (8 CFR 236.1). In an attempt to undermine immigration enforcement, many sanctuary policies and related rulings fail to recognize this lawful process established by Congress and instead seek to impose a requirement for which there is no legal authority.
U.S. Immigration and Customs Enforcement places detainers on individuals who have been arrested on local criminal charges and who are suspected of being deportable, so that ICE can take custody of that person when he or she is released from local custody. When law enforcement agencies fail to honor immigration detainers and release serious criminal offenders onto the streets, it undermines ICE’s ability to protect public safety and carry out its mission.
This request flows from federal regulations at 8 C.F.R. § 287.7, which arises from the Secretary’s power under section 103(a)(3) of the Immigration and Nationality Act (INA), 8 U.S.C. 1103(a)(3), to issue “regulations … necessary to carry out his authority” under the INA, and from ICE’s general authority to detain individuals who are subject to removal.
Westchester County Legislator Damon Maher, a proponent of the Immigration Protection Act and representative of New Rochelle responded to a request for comment with the following statement:
Rape is a horrific and demeaning crime, no matter the status of the perpetrator, with additional pain for a very young victim, cheated of her innocence and her trust in people. I find it uncomfortable, however, to comment on allegations in specific matters in the courts from my position as an elected official, but since you asked, please clarify for me. Had this person been convicted of the the charges alleged at the time he was released from jail? Had he been convicted of any crime in the past that would possibly preclude his pre-trial release that should be the presumed outcome under our principle of presumption of innocence for a criminal defendant? Was there any valid warrant outstanding against him for anything? Was he deemed, by the ADA or the arraignment judge, a flight risk at the time of such release? Was he deemed an immediate threat to the victim or any witness of the alleged statutory rape? Apparently the court did not remand him to jail with such concerns and, in fact, ICE found him still around about 15 days after release as I read your article. Do you plan on asking me to opine on all criminal matters pending in New Rochelle? Or just those where ICE has alleged undocumented status for the accused, with or without having obtained a judicial warrant? Have you ever done a feature on all the people whose personal paperwork may not be completely up to snuff but who have contributed to the economic and social fabric of this community. I must admit, as I’m not a regular follower of your blog, you may have done such a feature and I missed it.