California refuses ICE detainer for illegal immigrant charged in boy's death
Federal immigration officials say a Southern California sheriff's office is unlikely to help deport an illegal immigrant from Mexico who faces felony hit-and-run charges in the death of an 11-year-old boy because California is a "sanctuary state."
Hector Balderas-Aheelor, 44, was arrested Nov. 29 in San Diego County after allegedly striking the victim, Aiden Antonio Torres De Paz, in front of his home in Escondido, about 30 miles northeast of San Diego, on the evening of Nov. 26, according to Escondido Police Department Lt. Craig Miller.
The boy — who witnesses say went into the street to retrieve a soccer ball — was transported to a local hospital, where he succumbed to his injuries on Thanksgiving Day, according to police.
Officers recovered the suspect's vehicle and booked him into the Vista Detention Facility on charges of felony hit-and-run resulting in death. Balderas-Aheelor, whose name appears variably as Balderas Amador or Aheelor in records, remains in custody awaiting arraignment.
U.S. Immigration and Customs Enforcement (ICE) says that Balderas-Aheelor had been deported to Mexico on four prior occasions — most recently in 2010 — yet had illegally re-entered the U.S. multiple times.
Following his arrest, ICE lodged a detainer with the San Diego Sheriff's Office, requesting the suspect be held for up to 48 hours beyond his release date to allow federal agents to take custody for deportation proceedings. In a statement on Tuesday, the Department of Homeland Security (DHS) accused California officials of stonewalling the request, citing the state's sanctuary laws that limit local cooperation with federal immigration enforcement.
"Thanksgiving should be a day of celebrating family and giving gratitude, but instead the family of Aiden Antonio Torres De Paz mourned this beautiful child's death because a criminal illegal alien stole his life. Now, sanctuary laws threaten to put this killer back onto California's streets," said DHS Asst. Secretary Tricia McLaughlin. "Hector Balderas-Aheelor was previously removed four times before he chose to commit a felony and illegally re-enter the country a fifth time."
In her statement, McLaughlin urged California Gov. Gavin Newsom to "do the right thing and honor ICE's arrest detainer."
The next day, DHS escalated its rhetoric in a public X post confirming that Newsom would not honor the immigrant detainer, adding, "When will Governor Newsom stop releasing criminals into our neighborhoods and putting American lives at risk?"
In a subsequent back-and-forth exchange on X, a Newsom spokesperson called the claim that he refused to honor the ICE detainer a "complete lie."
"As we have repeatedly said: the state coordinates with ICE on the deportation of convicted criminals. California honors federal criminal warrants. Nothing prohibits the federal government from doing its job in this case."
Calling Newsom's response "word games," DHS shared an image of a rejected immigration detainer dated Nov. 30 and pointed out that Newsom said he would cooperate only for the deportation of convicted criminals, not suspects.
"Gavin Newsom says he'll only cooperate with ICE if the criminal illegal alien is CONVICTED, meaning California will let him roam free even though he's been arrested for FELONY hit-and-run," DHS wrote.
A spokesperson for the San Diego County Sheriff's Office confirmed to The Christian Post on Thursday that the department rejected a DHS immigration detainer on Nov. 29.
Under California's Senate Bill 54, enacted in 2017, local law enforcement is barred from honoring ICE detainers unless the individual is convicted of serious or violent felonies.
In September, DHS linked a sharp uptick in attacks on ICE officers with Newsom's signing of the "No Secret Police Act," which bans law enforcement officers and DHS agents from using home-made, non-tactical masks while engaged in immigration or other enforcement activities.
