FIRST ON FOX: Republicans on the House Judiciary Committee are tying a brutal murder, allegedly committed by a Peruvian illegal immigrant, to the policies of the Biden-Harris administration – as border security remains a top issue ahead of the 2024 election
"This interim staff report focuses on the case of just one criminal illegal alien, Roberto Emilio Vasquez-Santamaria, and highlights how the open-borders policies of the Biden-Harris Administration ensured his release into the United States," the report, a copy of which was obtained by Fox News Digital, said.
Vasquez-Santamaria was charged with murder after being arrested in connection with the homicide that took place last September. The Maverick County Sheriff’s office confirmed that a 40-year-old male had been killed after a struggle and found dead with blunt force injuries to the head at a house in Eagle Pass, Texas.
Fox News Digital reported at the time that he had crossed illegally into Eagle Pass in May 2023 and had been released with a notice to appear in court for removal proceedings. Sources stressed to Fox that Border Patrol itself does not determine the release policy of illegal immigrants into the interior, and that agents are carrying out policies set by the Biden administration.
Immigration and Customs Enforcement (ICE) confirmed that the man had been enrolled into Alternatives to Detention on May 8 with instructions to report to ICE's office in Miami by July 3. He reported to the field office on May 15, at which point he was taken out of the ATD program. ICE says the program "allows ICE to exercise increased supervision over a subset of those on ICE’s docket, using several different monitoring technologies" and helps increase court-appearance rates.
"As with any noncitizen in the United States without lawful status, ICE officers make enforcement decisions on a case-by-case basis to focus on the greatest threats to homeland security in a professional and responsible manner informed by their experience as law enforcement officers," a spokesperson said.
Republicans on the committee, led by Chairman Jim Jordan, have been seeking alien files (A files) of a number of alleged criminal illegal immigrants and say they have so far received 30, including that of the Peruvian national.
The file confirmed that Vasquez-Santamaria had been released and enrolled in ATD due to an alleged lack of detention space. He had been told to check in on July 3, 2023.
"According to this immigration record, Vasquez-Santamaria was also given a Notice to Appear in immigration court, with his initial appearance scheduled for June 4, 2025, in Orlando, Florida," the Judiciary Committee report says. "Pursuant to his order of release, the alien agreed to ‘not violate any local, State, or Federal laws or ordinances,’ ‘not associate with known gang members, criminal associates, or be associated with any such activity,’ and ‘not commit any crimes.’ Just months later, Vasquez-Santamaria blatantly violated the conditions of his release."
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The report says the information does not include details of whether he had ever checked in with ICE, compiled with conditions or applied for any immigration benefit.
"The disastrous immigration policies of the Biden-Harris Administration have had real world consequences for American citizens. The effects of those policies will be felt for years to come, with criminal aliens in American neighborhoods harming families and hurting public safety across the country," the report says.
"The family of Vasquez-Santamaria’s victim will never be the same because the Biden-Harris Administration allowed Vasquez-Santamaria to enter the country. Tragically, the victim’s family is not alone," it says.
The report comes amid an ongoing battle between Republicans and Democrats over the crisis at the southern border. The Biden administration has accused Republicans of failing to back a bipartisan Senate deal that would have provided additional funding and mechanisms to limit entries.
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Administration officials have said they need reforms and additional funding to fix a "broken system." Meanwhile, they have pointed to a sharp drop in encounters of more than 50% at the border since President Biden signed an order limiting asylum in June.
But Republicans have said the drop is too little, too late and that it comes on the back of a historic border crisis that they blame on "open border" policies by the administration. As for fixes, the Judiciary Committee report called for the administration and Senate Democrats to pass a sweeping border bill passed by House Republicans last year.
"In the meantime, the Committee and Subcommittee will continue to conduct vigorous oversight to inform legislative reforms to address President Biden and Vice President Harris’s dangerous immigration policies," the report says.