Homeland Security had released the illegal immigrant accused of killing Laken Riley into the U.S. because it lacked the detention space, according to his confidential immigration file.
Sen. Josh Hawley, Missouri Republican, read key parts of the file into the record at a Senate hearing Thursday.
Jose Ibarra, the man charged with the Feb. 22 slaying, was released under Homeland Security Secretary Alejandro Mayorkas’ power of parole, which is supposed to be used in limited cases and only when there is an urgent humanitarian need or a significant benefit to the public.
Mr. Hawley said lack of detention space doesn’t meet either of those standards and so Mr. Mayorkas broke the law in releasing the suspected killer.
“Now we all know that the reason he was paroled into this country is because of lack of detention capacity, which you and I both know is not a valid reason,” the senator said.
According to the file Mr. Hawley read into the record, Mr. Ibarra entered the U.S. on Sept. 8, 2022, and was quickly released on parole.
Nearly a year later, in July, he reported to immigration authorities in New York and was fingerprinted. The results showed he had “a criminal history,” Mr. Hawley said.
In September Mr. Ibarra was arrested in New York on charges of injuring a child, but the case wasn’t prosecuted.
In November he applied to Homeland Security for a permit to work legally in the U.S., and it was approved in December — after the department had the records of his criminal entanglements.
“He had a criminal record to start with, he’s in the country on illegal grounds, you have falsely and illegally allowed him in, he commits a crime against a child, it’s expunged,” Mr. Hawley said.
Mr. Mayorkas declined to talk about the details of the case and wouldn’t say whether he had read his department’s file on Mr. Ibarra.
“I do not want to speak to the particulars of the case, given the pending prosecution,” he said, though he said “our hearts break” for the loss of Riley’s life.
Mr. Hawley swatted Mr. Mayorkas for giving two different answers about Mr. Ibarra’s case in testimony to other committees this month.
“Why did you change your story so often?” Mr. Hawley challenged.
“I’m confident that justice will be vindicated in the criminal prosecution,” Mr. Mayorkas replied.
Mr. Ibarra was released from a facility run by Customs and Border Protection.
Detention capacity has also been a problem in the country’s interior, where U.S. Immigration and Customs Enforcement, the chief deportation agency, has been struggling to hold people.
Even as he’s acknowledged a lack of ICE beds, Mr. Mayorkas has asked Congress to cut bed space further in every budget he’s submitted.
Detention space for illegal immigrants has been a major problem for the Biden administration. Even as he’s acknowledged a lack of beds, Mr. Mayorkas has asked Congress to cut bed space even deeper in every budget he’s submitted.
In 2022, 2023 and 2024 he asked lawmakers to reduce bed space from 34,000 to 25,000. Congress rebuffed each of those and even upped the number to 41,500 beds in the new bill.
Mr. Mayorkas’ latest budget again calls for a cut, this time back down to 34,000.
He told senators, though, that he would be willing to accept money for more than 50,000 beds if it’s coupled with other changes in immigration law.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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