Republican Congressman Marc Molinaro and Delaware County officials are using the arrest of an undocumented immigrant to rail on Democrats’ policies on bail reform and immigration.
Cruz Garcia was indicted on charges of strangulation, unlawful imprisonment and rape last week. Acting Delaware County District Attorney Shawn Smith told reporters at a press conference Tuesday that Garcia had also been arrested for aggravated DWI the month prior.
"We knew where he was because he was indicted in Orange County on June 12, 2023 for several felonies," Smith said. "But because of New York state's bail reform laws, although he was on the run from [Immigration and Customs Enforcement], he had to be released on those charges."
Garcia, Smith said, is now in ICE custody in Batavia and is facing potential deportation. The Delaware County prosecutor said he is working with ICE to attempt to have Garcia remain in New York and face prosecution.
In 2018, a state court ruled that local authorities can’t hold someone in custody for ICE. State legislation essentially codifying that ruling has been proposed in the legislature, but hasn’t passed.
Molinaro joined Smith and other Delaware County officials in highlighting the case as, what he considers, a failure by Democrats in Albany and Washington.
"If we continue down this path, we're going to continue to see victim after victim after victim and we know it,” Molinaro said.
Smith said he doesn’t know if Garcia was included amongst migrants currently being processed through New York City and sent to other areas of the state.
Molinaro has been vocal in his criticism of the state’s handling of that ongoing situation. Earlier this year, the freshman Republican sponsored legislation that would bar publicly funded educational institutions like schools and colleges from being used to house migrants. That legislation passed the Republican-controlled House, but is unlikely to make it through the Senate.