“This horrific tragedy would have never occurred if Westchester’s ‘sanctuary county’ law had not been passed.”
Assemblyman Matt Slater
“There is no sanctuary for Fernando Jimenez. He will face accountability for his actions. Anyone who says otherwise is not telling you the truth.”
County Executive -Congressman-elect George Latimer
By Dan Murphy
In the final days of Election 2024, Fernando Jiminez, 40, was arrested and charged with the murder of 15-year-old Michael Raimondi in Somers. Jiminez shot Michael, Matthew (13), and Christina Raimondi, his former girlfriend, in their apartment.
According to ICE, Jiminez was an illegal immigrant in the country. “Fernando Andres Jimenez Meza is a 40-year-old unlawfully present citizen of Chile who entered the United States on an unknown date and location without inspection, admission, or parole by an immigration official. U.S. Border Patrol encountered him at or near Tecate, Calif., on Aug. 11, 2004. During this encounter, he claimed to be Erik Melendez-Arellano from Mexico, after which he was voluntarily returned to Mexico. Jimenez unlawfully reentered the United States at some point after that encounter.
“ERO New York City lodged an immigration detainer with Westchester County Jail, Oct. 30, where Jimenez is currently being held on local charges. Regardless of nationality, ICE makes custody determinations on a case-by-case basis, in accordance with U.S. law and U.S. Department of Homeland Security policy, considering the circumstances of each case. ERO officers make decisions on associated enforcement actions and apply prosecutorial discretion in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects the communities we serve.
“Noncitizens who are apprehended by ICE have their case reviewed by an ICE officer to determine their custody status. Noncitizens subject to mandatory detention are placed in ICE detention facilities, while those who are released constitute ERO’s non-detained docket. ICE officers weigh a variety of factors when making general custody determinations, including criminal record, immigration history, community ties, flight risk, and whether the individual poses a potential threat to public safety or national security,” said an ICE spokesperson.
According to the Yonkers Police Department, Jiminez was arrested in 2018 for DWI but was released and fined $500.
Republicans running for office on Nov. 5 highlighted the incident, and criticized New York State’s Sanctuary status, and Westchester’s passage of the Immigrant Protection Act in 2018.
“The suspect in this horrific crime… could have and should have been deported long ago after his arrest for drunk driving in Yonkers in 2018, He should have been handed over to ICE. Instead, Westchester County sanctuary status prevents law enforcement from coordinating with federal immigration authorities. As a result, a violent criminal was protected from deportation and remained in our community,” said Congressman Mike Lawler.
Assemblyman Matt Slater said, “This tragedy took place three miles from my house. It should make every resident sick knowing the suspect was arrested in 2018 and released because of Westchester County’s sanctuary policies that were approved earlier that year. This horrific tragedy would have never occurred if Westchester’s ‘sanctuary county’ law had not been passed.”
Last week, County Executive and Congressman-elect George Latimer held a press conference and called out Lawler and Slater for “not telling the truth.”
“There is no sanctuary for Fernando Jimenez. He will face accountability for his actions. Anyone who says otherwise is not telling you the truth.”
“He (Jiminez) is in the Westchester County Jail. The case will be transferred to the Westchester County Court, where it is expected that ICE will get an order from a Judge to take custody.
“He will not be released to the public. We have maintained a dialogue with ICE, and he will not be released. He was apprehended 20 years ago and he was deported and found a way back. Deporting him again is no value. He must face prosecution.
“Westchester County law allows for ICE to take possession of any individual if they obtain a federal order, which is easy to obtain. We will comply with that order.”
Back in 2020, County Executive Latimer said, “This law does not make Westchester a sanctuary county. I personally will debate any individual who’d like to make that assertion. What this bill does do, it goes to the heart of protecting good, honest citizens.”
In 2018, County Legislators John Testa and Margaret Cuzio, wrote an op-ed explaining their No votes on the IPA, which passed 10-3.
“Despite its name, the Immigrant Protection Act does not provide new protections for our immigrant community. In fact, the IPA, as it is written, protects criminals while putting innocent people in greater danger.
“The Act will make it more difficult to make transfers of prisoners at the county jail who are wanted on federal charges by Homeland Security. The jail provides a safe and neutral place to make such transfers. Under this act, transfers would be moved into the community which poses greater risks for innocent members of the community and Law Enforcement.
“We want our immigrant community to feel safe and welcome in Westchester County. Shielding people who are accused of committing crimes from federal authorities is dangerous and irresponsible. Just to make that point clear two county executives have issued executive orders to specifically direct county police to not engage in immigration enforcement or inquire about immigration status. County Executive Spano issued his Executive Order No. 4 in 2006, and County Executive Astorino updated the directive further in September of 2017. The subject of these executive orders is exactly what the IPA is purported to address but does not.
The IPA states that “County Law Enforcement Agencies (CLEA) shall not communicate with Federal Immigration Authorities.” One exception to this directive contained in an earlier version of the IPA was if the individual was a known gang member. This is a reasonable exception since we know of MS-13’s growing presence on Long Island which is close proximity to Westchester. Why not include this provision since there are national databases that could be used to identify such individuals? However, it was removed and when we asked for it to remain in the law, it was denied.”
With the election of President Trump, the debate will continue. And we would welcome to host a debate between Congressman-elect Latimer and Congressman Lawler, or Assemblyman Slater on the issue.
