The US Immigration and Customs Enforcement (ICE) has lodged an immigration detainer for Brayan Alva-Rodriguez, a Guatemalan national who the agency says is in the country unlawfully and is suspected of driving under the influence in a crash that killed an 8-year-old girl in the San Diego area. He has been charged for the girl’s death and injuries caused to others in the crash. 

According to a statement from the Department of Homeland Security (DHS), Alva-Rodriguez was driving a 2005 Toyota Tacoma with a 24-year-old passenger when authorities allege, he crossed a solid double-yellow line into oncoming traffic and struck a 2018 Toyota Camry head-on. The release said multiple people were injured; five were taken to hospitals by helicopter and three by ambulance. An 8-year-old girl in the crash later died from her injuries.

Alva-Rodriguez has been charged with first-degree murder, two felony counts of gross vehicular manslaughter, as well as felony charges for driving under the influence, per the New York Post.

DHS also pointed to what it described as a prior DUI-related history. The department said Alva-Rodriguez was arrested in 2020 for driving under the influence and arrested again in 2021 for DUI and charged with hit-and-run.

In a statement included in the release, DHS Assistant Secretary Tricia McLaughlin criticized California’s sanctuary policies and called on Gov. Gavin Newsom to comply with ICE’s request. “How many deaths of children…need to happen before Governor Newsom and sanctuary politicians will prioritize the safety and security of American families?” McLaughlin said, adding that the department is “praying for the family of this child” and urging state officials to honor the detainer.

Earlier in the week, ICE said it lodged a detainer with the San Diego Sheriff’s Office for Hector Balderas-Aheelor, a Mexican national arrested in connection with a felony hit-and-run that killed 11-year-old Aiden Antonio Torres De Paz on Thanksgiving morning. DHS said California rejected that detainer.