A loophole in New York City's sanctuary policies allowed Daniel Davon-Bonilla, a convicted felon accused of raping a transgender woman, to be released from jail—only for him to commit another assault shortly after.
Daniel Davon-Bonilla, a 24-year-old from Nicaragua, was sentenced to life in prison this week after a string of legal missteps led to a serious lapse in justice. For 15 months, Davon-Bonilla was held at Rikers Island, facing accusations of raping a transgender woman at a migrant shelter in Brooklyn.
On June 24, during a Brooklyn court hearing, Davon-Bonilla was offered a deal to plead guilty to a felony assault charge and be released the same day. Despite being warned by Judge Donald Leo that he faced potential deportation, Davon-Bonilla agreed to the plea. At the time, the federal Immigration and Customs Enforcement (ICE) had already indicated its intention to deport him, but neither the city nor the Brooklyn District Attorney’s office notified federal officials of his imminent release.
After his release, Davon-Bonilla failed to appear for his sentencing on August 9. Just two days later, he was accused of raping a homeless woman under the Coney Island boardwalk.
The case has reignited debate over New York City's sanctuary policies, which aim to limit cooperation between local law enforcement and federal immigration authorities. Critics, including former President Donald Trump and local officials, argue that these policies allowed a dangerous individual to evade deportation and commit further crimes. New York City Mayor Eric Adams described Davon-Bonilla as a “poster child” for the failures of such policies.
The exact role of sanctuary laws in Davon-Bonilla's release is unclear. These laws are designed to protect immigrants from deportation for minor offenses, but Davon-Bonilla's charge of felony assault should have disqualified him from such protections. The incident highlights significant failures in coordination between local and federal authorities. ICE issued a detainer request for Davon-Bonilla, but the Correction Department claimed to have no record of it, and the District Attorney’s office said notifying ICE was not their responsibility.
The victim in the recent Coney Island attack, a 46-year-old woman, expressed deep frustration and a lack of faith in the justice system. She described a lifetime of sexual assault and voiced skepticism about ever receiving justice.
John Sandweg, a former acting director of ICE, called the situation a “worst-case scenario” for the agency. Since spring 2022, New York City has seen over 210,000 migrants arrive, with about 64,000 currently in shelters. Despite the influx, there is no evidence suggesting a surge in crime directly linked to the migrant population.
Davon-Bonilla entered the U.S. on December 7, 2022, near Eagle Pass, Texas, and was released into the country instead of being detained. On April 4, 2023, he was accused of the assault in Brooklyn. As the case proceeded, the victim refused to cooperate with investigators, forcing prosecutors to offer a plea deal that reduced his charges to second-degree assault.
Davon-Bonilla’s plea deal was followed by his release, but he failed to return for sentencing. His case underscores ongoing tensions between local sanctuary policies and federal immigration enforcement efforts, revealing gaps that allowed a dangerous individual to slip through the cracks.
.png)