Illegal Immigrant Charged With Killing 2 in DUI Crash Had Already Been Deported 4 Times

Mugshot of Jose Menjivar, booked into the Broomfield County in connection with a fatal crash killing two in Broomfield, Colo., on Dec. 12, 2023. Broomfield Police Department

A known illegal immigrant, charged with the vehicular homicide of a mother and son, had already been deported multiple times in the past, an Immigration and Customs Enforcement (ICE) spokesperson has revealed to The Epoch Times.

Last month on Dec. 12, it’s alleged that the known illegal immigrant from El Salvador crashed his vehicle into a car near Broomfield High School, killing Melissa Powell and her 16-year-old son, Riordan.

According to the Broomfield Police Department, the El Salvador man was subsequently arrested on Dec. 15 after being released from the hospital and charged with Vehicular Homicide Reckless, Vehicular Homicide DUI, and as a Habitual Traffic Offender. At this stage, the investigation is still ongoing but police are speculating alcohol and speed are contributing factors.

An ICE spokesperson recently told The Epoch Times that the El Salvadoran man in question, 37-year-old Jose Menjivar, first entered the United States at an unknown time and place. An immigration judge issued a final order of removal on April 14, 2009. He has since been deported at least four times—once each in June 2009, June 2012, November 2014 and, January 2015. ICE Denver lodged a detainer with Broomfield County to seek his arrest on Dec. 18, 2023, according to the spokesperson.

“ICE records show that the subject has been previously removed and has no regard for immigration law,” the ICE spokesperson said.

“As part of its routine operations, ICE targets and arrests noncitizens who commit crimes and other individuals who have violated our nation’s immigration laws. All noncitizens in violation of U.S. immigration law may be subject to arrest, detention and, if found removable by final order, removed from the United States, regardless of nationality.”

Court records from Boulder County Court show the accused has prior convictions for drunk driving offences between 2007 and 2019. Boulder County is also a sanctuary jurisdiction.

Sanctuary Policies Still Hotly Debated Amid Border Crisis

Sanctuary policies have been a topic of heated debate, especially in cases where an illegal immigrant kills American citizens. A sanctuary city with sanctuary policies limits or avoids cooperating with federal authorities in enforcing immigration law. Opponents of sanctuary policies argue they have led to increased crime and danger to the public. However, supporters of sanctuary policies argue that criminals among illegal immigrants are no more than that found amongst the general U.S. population.

According to a Dec. 7, 2020, article published by the National Academy of Sciences of the United States of America, “data constraints” make it hard to determine if illegal immigrants increased crime rates in the United States with any real certainty. However, using information from the Texas Department of Public Safety, the authors observed “considerably lower felony arrest rates among undocumented immigrants compared to legal immigrants and native-born US citizens,” and found no evidence that undocumented criminality has increased in recent years.

Migrants walk along the highway through Arriaga, Chiapas state in southern Mexico on Jan. 8, 2024, during their journey north toward the U.S. border. Edgar H. Clemente/AP Photo

Regardless, the ongoing border crisis is increasing tensions all across the country as record numbers of unvetted immigrants cross over into the United States, stretching resources in certain cities, such as border towns like El Paso and sanctuary cities like New York, to the limit.

A new report from U.S. Immigration and Customs Enforcement (ICE) has estimated that the number of non-detained illegal immigrants now inside the country has exceeded 6 million.

Sanctuary Calling for More Federal Funding

In the dying days of 2023, Mayor Eric Adams called on the White House to deliver federal funds to pay for services for the flood of illegal immigrants as New York hit its financial limit to deal with the crisis.

According to the Center for Immigration Studies, as of Dec. 23, 2023, there are 11 states, over 40 cites, and more than 140 counties listed as sanctuary jurisdictions. New York is a well-known sanctuary city and was part of a handful of sanctuary cities that have appealed for $5 billion in federal tax dollars to help them bear the crushing costs associated with the influx of illegal immigrants into their communities.

Some argue that sanctuary cities should not receive federal funding because they are not enforcing federal immigration laws, and it leaves fewer resources for tax-paying residents and citizens. Last September, Rep. Michael McCaul (R-Texas), chairman of the House Committee on Homeland Security and Rep. Nick LaLota (R-N.Y.) introduced the “No Bailout for Sanctuary Cities Act.”

If successfully passed, the legislation would prevent federal funds from being used to bail out sanctuary cities, including New York City, for an illegal immigrant crisis Mr. McCaul says they “helped create.” This would include any federal funding for resource provisions for food, shelter, healthcare services, legal services, and transportation costs.

“While states like Texas are working overtime to secure our borders, sanctuary cities across the nation are promoting illegal immigration and exacerbating the crisis,” Mr. McCaul said.

“Texan taxpayers shouldn’t have to shoulder the financial burden of costs incurred by cities that refuse to enforce our nation’s laws.”

Unvetted immigrants wait outside the Roosevelt Hotel, which has been turned into a migrant reception center, in midtown Manhattan, New York City, on July 31, 2023. Kena Betancur/AFP via Getty Images

Others argue sanctuary city policies protect both citizens and “undocumented immigrants” and improve overall relations in communities. Los Angeles was the first to adopt sanctuary policies in 1979, when the chief of police told his officers not to ask about anyone’s immigration status and provide city services to everyone equally, ignoring norms for a nation to secure its border. As a result, supporters of sanctuary policies say relationships between undocumented immigrants were improved, with law enforcement in particular.

In a post from the Democratic National Committee discussing their views on immigration, they argue that immigrants are an essential part of American society and should be welcomed with open arms.

“Immigrants are essential to our society and our economy. Immigrants are part of our families. They enrich our culture,” the post said.

“They grow our food, care for our loved ones, serve in our armed forces, and provide critical health care services. Immigrants make America stronger.”

Republicans argue that immigrants are welcome to immigrate to the United States through legal means.