Republican View: Sanctuary policies and plea deals – The county is enabling dangerous criminals to walk free

Editor’s note: The opinions expressed in this column are those of author Zachary Winn and are not representative of the thoughts or opinions of Tompkins Weekly. 

Following the late January ICE arrest of Mexican illegal immigrant Jesus Romero-Hernandez, local coverage of the incident omitted several crucial details. Court records reveal his history of mental illness and show that he had been accused of at least nine misdemeanors and two felonies, with multiple arrest warrants. Among the charges were at least three separate arrests related to family violence, as well as battery and assault in Georgia in 2020. Previously deported seven times, he also had a federal arrest warrant issued during Biden’s presidency for illegally reentering the United States.

While in Tompkins County, Romero-Hernandez was arrested at least three times. In March 2022, prosecutors say he destroyed the interior of a hotel room in Lansing, presumably a “Code Blue” accommodation for the homeless during winter. In September 2023, he was accused of putting a sheriff’s deputy in a chokehold during his arrest in The Jungle, where he had been living. Then, in November 2023, he admitted to punching a corrections officer at the jail and biting their finger. He eventually pleaded guilty to assaulting the sheriff’s deputy, but the charge was reduced to a misdemeanor, and he was sentenced to time served.

The county’s sanctuary policy states that officers should honor detainer requests from federal agents in certain circumstances when a judicial warrant is present. It also allows detention for up to 48 hours on a civil immigration detainer—even without a judicial warrant—if the individual has illegally re-entered the country after prior removal and has been convicted of a violent or serious crime. The county could have kept Romero-Hernandez in custody if officials had chosen to do so. While Sheriff Osborne has received both praise and criticism for releasing him following his guilty plea, he was following policies set by the County Legislature. Personally, I don’t blame him at all. He was elected to enforce the laws established by the county. Had his department kept Romero-Hernandez in custody for ICE, the same people praising him now would likely be calling for his resignation.

These events raise several questions: Do the members of the Legislature believe Romero-Hernandez is the type of person who should be walking the streets of Ithaca? Why was a violent, mentally ill, criminal illegal alien living in The Jungle? How many more people like him are in our community? Why would District Attorney Van Houten offer a plea deal to someone who had attacked two county employees?

To me, this entire debacle resulted from the flawed policies of the city, county, and District Attorney’s office. The city’s allowance of The Jungle encampments likely attracted Romero-Hernandez, with its sanctuary policy serving as another possible incentive. The DA, a “progressive prosecutor” working with the Fair and Just Prosecution project to promote “a justice system grounded in fairness, equity, and compassion,” gave a plea deal to someone who should have been prosecuted to the fullest extent of the law. Finally, the county’s so-called sanctuary policy led to Romero-Hernandez’s release instead of detaining him for ICE.

As a result, dozens of heavily armed federal agents were dispatched to Ithaca, searching for Romero-Hernandez at the Asteri building and The Jungle encampments before finally arresting him outside the Department of Social Services. What some viewed as a disproportionate, heavy-handed display of force may have actually been necessary, given his history of violence toward law enforcement, the uncertainty of whether he was armed, and the need to secure The Jungle, a known high-risk area, during the search.

There is also the financial cost associated with Romero-Hernandez’s time in Tompkins County. Using the 2019 estimate of $254 per day to house an inmate, multiplied by the approximately 488 days he spent in jail, the cost of his incarceration alone was about $124,000. Add to that figure the cost of his prosecution, the cost of his defense, which was almost certainly provided by a public defender, and the likely costs associated with housing him under Code Blue, the figure is easily more than $150,000, likely substantially more.

Elected officials who defend sanctuary policies often argue they build trust between immigrant communities and law enforcement. But does that trust extend to violent criminals? Does it justify releasing individuals with a proven record of violence who have no legal basis to be in the country?

The County Legislature, the District Attorney, and the city’s leadership need to answer for the policies that led to this situation. If nothing changes, there will be more cases like this one. With the disruption of the shelter system for illegal immigrants in New York City and Mayor Eric Adams cooperating with federal immigration authorities, warmer weather could bring not just one individual like Romero-Hernandez to The Jungle, but dozens.

The outcome of this nationally publicized ICE operation brings to mind an old saying: “Play stupid games, win stupid prizes.”