Illegal immigrant charged in recent fatal Alabama crash was out free after 2021 DUI due to Biden DHS policy: report

ICE was aware of Rodas' illegal status since his arrest in 2021 for a DUI but did not take him into custody due to a policy directive from DHS.


Federal authorities at Immigration and Customs Enforcement (ICE) referenced a policy directive from the Department of Homeland Security (DHS) in response to why they did not deport a migrant illegally in the country for a 2021 DUI who has since been charged with the murder of a 19-year-old.

Antonio Rodas, a Guatemalan national, was arrested last week in connection with a fatal car accident in Alabama that resulted in the death of 19-year-old Adam Luker. Antonio-Rodas was initially arrested in Mobile, Alabama, last April for the crash.

According to a report by the Daily Caller, ICE was aware of Rodas' illegal status since his arrest in 2021 for a DUI. However, due to policies during the COVID-19 pandemic and a policy directive from DHS Secretary Alejandro Mayorkas, ICE did not take him into custody after that incident.

On the day of the recent crash, reports indicated that calls were made to law enforcement about a reckless driver. Officers later noted a “strong odor of an alcoholic beverage coming from the driver” and discovered open and unopened alcohol containers in his car. Rodas was found to have a blood alcohol level three times higher than the legal limit.

ICE confirmed that Rodas entered the country illegally in 2018. He was apprehended by border patrol and processed with a Notice to Appear. He was also released by ICE Enforcement and Removal Operations (ERO) in 2019. 

“On Jan. 4, 2019, ERO San Antonio released him on an order of recognizance,” ICE said in a statement.

Will Phillips, an attorney representing the Luker family, criticized the federal government’s handling of Antonio-Rodas, suggesting that Adam Luker's death could have been prevented if Rodas had been deported sooner

“If that had been the case, then this would have never happened,” Phillips said. “You know, the federal government has access to all of the, you know, information about arrests and that kind of thing.”

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