DHS Reacts to ICE Detainer for Illegal Alien Arrested for Rape in NYC

ICE Seeks to Hold Peruvian Rape Suspect in New York After City Release

The detainer asks New York City authorities not to release Mayna, a request that tests the limits of the state’s sanctuary policies. The stakes are stark. He was arrested in New York City in connection with a rape of a 28-year-old woman.

A Journey from the Border to the City’s Streets

On August 18, 2023, the U.S. Border Patrol arrested Reynaldo Hoel Mayna after he illegally entered the country near San Diego. On August 18, 2023, the U.S. Border Patrol arrested Mayna near San Diego after he illegally entered the country. He was then released into the country by the Biden Administration. Fast forward to November 2026, and he is facing serious new criminal charges in New York City.

ICE’s detainer is a formal request to local jails to hold an individual for up to 48 hours beyond their scheduled release date, providing enough time for federal agents to take them into custody. In New York, these requests are increasingly being ignored. DHS data reveals a staggering toll: from January 20, 2025, to October 8, 2026, New York state has failed to honor 16,070 ICE detainers.

The Human and Economic Cost of Unhonored Detainers

The 16,070 detainers not honored by New York are associated with 52,503 total criminal charges and convictions. The list includes:

131 homicides
132 kidnappings
1,017 sexual offenses
1,561 DUIs
1,631 burglaries
1,776 robberies
2,198 weapons offenses
4,324 dangerous drugs
9,502 assaults

DHS Secretary Markwayne Mullin stated that sanctuary politicians have handcuffed law enforcement and are allowing criminal activity to thrive, while the American people become less safe. He added that underneath President Trump, law and order is being restored in cities, towns, and states, despite career politicians that put criminals in front of law-abiding citizens.

The state of New York, under Governor Kathy Hochul, has actively moved to insulate itself from federal immigration enforcement. In May 2026, Hochul signed a law into effect that bars local police departments from cooperating with ICE. The legislation was a direct response to a December 2025 letter from then-Acting ICE Director Todd Lyons, which put New York’s Attorney General Letitia James on notice for the state’s failure to honor detainers.

How a Sanctuary Policy Works in Practice

The new law, which took effect on August 25, 2026, codifies a “sanctuary” approach. It prohibits state and local resources from being used to assist in the enforcement of federal immigration law, effectively creating a shield for individuals in the country illegally. The case of Reynaldo Hoel Mayna is a perfect example of how this plays out on the ground. He was arrested by the NYPD for a serious crime, yet ICE must formally request that he be held, a request the city may now be legally obligated to ignore.

Consider the case of Bairon Posada-Hernandez, a four-time deported illegal alien from Honduras. In March, he was arrested after shoving two bystanders, including an 83-year-old Air Force veteran named Richard Williams, onto subway tracks in New York City. Williams later died from his injuries. ICE had lodged a detainer, but it was too late.

Opposing Perspective: Prioritizing Community Trust

Proponents of sanctuary policies argue that they are essential for building trust between immigrant communities and local police. They contend that when immigrants, regardless of their legal status, feel safe reporting crimes or acting as witnesses, entire communities become safer. They view ICE detainers as a tool that can lead to racial profiling and erode the cooperation necessary for effective policing. This perspective sees the focus on individual criminal aliens as a distraction from the broader goal of ensuring all residents feel protected by the law.

A Pattern of Violence

The impact of these policies is not confined to New York’s borders. In a particularly troubling case, New York issued a Commercial Driver’s License (CDL) to Simranpal Singh, an illegal alien from India, who was later arrested in Pennsylvania. In another, an illegal alien named Sukhdev Singh, also from India, caused a semi-truck crash in Indianapolis, Indiana, that left a U.S. citizen hospitalized in critical condition. Singh had received his CDL from New York, which had listed Anmol as “No Name Given Anmol” in another case.

The most infamous case involving a New York-released individual is that of Jose Antonio Ibarra, a member of the Tren de Aragua gang from Venezuela. In August 2023, he was arrested by the NYPD for recklessly driving a motorcycle with a 2-year-old child who was not wearing a helmet. He was released due to New York’s sanctuary policies. Six months later, in February 2024, he murdered nursing student Laken Riley in Georgia.