A report filed by ICE said that Alejandro Maldonado-Hernandez was responsible for a fatal crash involving Patrick Ator and his wife, Janace Ator, in Washington County, Oregon, on July 12.
According to a police news release, Maldonado-Hernandez had been racing his 2012 Chrysler 300 at high speed against a 2005 Subaru Impreza when he hit Ator and his wife in their 2013 Ford Fusion.
Ator and his wife, who were driving in a separate vehicle, were taken to hospital and treated for their severe injuries, however his wife subsequently lost her life as a result of the injuries sustained in the crash.
The driver of the Subaru, 20-year-old Bailey Reeves of Beaverton, continued driving but was stopped shortly after by a Beaverton police officer, according to a police statement.
She was arrested on charges of first-degree manslaughter, second-degree assault, two counts of injury hit-and-run, and reckless driving charges, was indicted by a grand jury on Sept. 6, and is being held on $250,000 bail.
Maldonado-Hernandez received only minor injuries from the crash and was arrested by local authorities the same day and booked into Washington County jail.
He faced charges of felony manslaughter in the second degree, felony assault in the third degree, and misdemeanor reckless driving, according to the report.
ICE said it lodged an immigration detainer on Maldonado-Hernandez on July 16 and stated that under federal law, it has authority to lodge immigration detainers with law enforcement partners who have custody of individuals arrested on criminal charges and who ICE has probable cause to believe are removable aliens.
An immigration detainer is a formal request that the local law enforcement agency notifies ICE before the individual in custody is due to be released, and to hold them for 48 hours beyond the scheduled time of release, so that they have time to take the individual into immigration custody.
However, ICE alleged that the jail failed to honor the detainer and released Maldonado-Hernandez back into the community on Aug. 8.
“It is real slap in the face to the victims’ friends and family when criminal aliens, in this case a man who has caused the death of a woman and severe injuries to her husband, are released into the community due to dangerous sanctuary policies,” said Nathalie Asher, Seattle field office director for ICE’s Enforcement and Removal Operations (ERO).
ICE further claims that several jurisdictions across the United States refuse to honor detainers and instead willingly release criminal offenders back into their local communities, which “negatively impacts public safety.”
Investigators later learned on Aug. 27 that Maldonado-Hernandez fled to Mexico to avoid prosecution.
“The decision to rebuff immigration detainers and not to hold dangerous individuals until ICE arrives to pick them up is a costly one,” Asher continued.
“There is nothing that should prevent local law enforcement officials from making a simple phone call to notify ICE that a criminal alien is being released. The decision to continue to cite misguided sanctuary laws that allow dangerous criminals back on the streets, and many times the opportunity to flee prosecution, is irresponsible and jeopardizes public safety,” she added.
ICE said Maldonado-Hernandez remains an at-large criminal alien and encouraged members of the public to contact their local ICE office if they have any information on his whereabouts.