ICE Arrests Guatemalan Man In New Rochelle

CLARIFICATION: This article was modified from its original version to add a statement and information provided by County Executive George Latimer.

NEW ROCHELLE, NY — U.S. Immigration and Customs Enforcement officers from the Newburgh Sub-Office arrested a 28-year-old Guatemalan national March 14 in New Rochelle. The agency said the man had been released from Westchester County Jail, in spite of an active detainer request, something Westchester's county executive disputes.

Rony Rosario Ramirez was arrested Feb. 14 in New Rochelle on a third-degree rape charge, a felony, the Journal News said.

He didn't post bail until Feb. 25. On March 22, he pleaded guilty to endangering the welfare of a child, a misdemeanor, and was sentenced to time served.

According to a press release from ICE, a detainer was issued for Ramirez Feb. 19.

He had been previously removed by ICE July 22, 2009, and he unlawfully returned to the United States on a date that is not known, the agency said.

Enforcement and Removal Operations officers arrested him March 14 in New Rochelle.

Ramirez is currently being detained in ICE custody pending removal to Guatemala.

Thomas R. Decker, field office director of ERO New York, said Ramirez "was released back into the unsuspecting community as the local authorities were prevented from honoring our detainer because of their new immigrant protection act.

"Let me make this clear, we are not arresting law abiding legal immigrants," he said, "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."

County Executive George Latimer said the county followed all regular procedures, as did the police and the courts. He took issue with ICE's characterization of Ramirez being released "back into the unsuspecting community."

He said, in a statement provided to Patch, that Ramirez was being held by the county corrections department after his initial arrest Feb. 14 because he couldn't make the $20,000 bail or $30,000 bond.

Latimer said that the following morning the county DOC received an email from ICE requesting they be notified prior to Ramirez's release.

"Under governing case law and the terms of the county's IPA, the request did not include a judicial order signed by a federal judge or magistrate required for information sharing," he said.

Latimer said that the DOC advised ICE about an hour later of the required procedure but received no further response from ICE.

Ten days later, on Feb. 25, Ramirez was taken by New Rochelle police to court and was not returned to the county.

"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," Latimer said, adding that the county will follow all mandated orders by a federal judge or magistrate.

Latimer signed the Immigrant Protection Act in March. It was passed by the county Board of Legislators and was supported by the county Departments of Public Safety, Corrections and Probation.

Besides saying that detainees must be made aware of immigration status issues and may not be held without a criminal warrant, the act says that county agencies and employees shall not perform the duties of federal immigration authorities, engage in the enforcement of federal immigration law or accept requests by federal immigration authorities to assist in the enforcement of federal immigration laws.

According to ICE, detainers serve as a legally authorized request, "upon which a law enforcement agency may rely, to continue to maintain custody of an alien for up to 48 hours so that ICE may assume custody for removal purposes," and per ICE policy, the detainers are submitted with an administrative arrest warrant or warrant of removal depending on the circumstances.

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