Federal immigration authorities have cited a Department of Homeland Security (DHS) policy directive as a reason for not taking custody of an illegal immigrant who is now charged with murdering a teenager in Alabama. Antonio Antonio-Rodas, who unlawfully entered the U.S. from Guatemala, was arrested last week in connection with a fatal car accident that claimed the life of 19-year-old Adam Luker.

Immigration and Customs Enforcement (ICE) confirmed they had been aware of Antonio-Rodas’ criminal history and legal status since his DUI arrest in 2021. However, the agency pointed to the COVID-19 pandemic and a directive issued by DHS Secretary Alejandro Mayorkas that altered enforcement priorities as factors in their handling of the case.

The Mayorkas directive, issued in September 2021, encouraged agencies to exercise “prosecutorial discretion” when determining who should be subject to arrests, detainers and removal proceedings. It also claimed that the majority of illegal immigrants who could be subject for removal have been “contributing members of our communities for years.”

ICE lodged a detainer request for Antonio-Rodas on May 9, one day after his arrest on murder charges. The victim’s family expressed frustration with the handling of the case, with their attorney stating that if the illegal immigrant had been deported earlier, “this would have never happened.”

The incident has fueled criticism of the Biden administration’s immigration policies, with some arguing that not enough is being done to address the ongoing crisis at the southern border.