Biden immigration policies under fire after illegal immigrant with prior DUIs charged in 14-year-old's death

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FIRST ON FOX: Fox News has learned a man charged in the death of a 14-year-old Southern California high school student killed in a DUI hit-and-run crash this month is an illegal immigrant from Mexico who had two prior DUI arrests in California. 

But he remained in the country due to the Biden administration's immigration policies.

Jose Abelardo Villegas-Orbe, 47, an illegal Mexican national, is charged with vehicular manslaughter while intoxicated and DUI hit-and-run causing death.

La Quinta High School freshman Liam Cantu, 14, was hit by a car Oct. 10 while riding his bike with another teen.

Jose Abelardo Villegas-Orbe

Jose Abelardo Villegas-Orbe, a Mexican national, is charged in the teen's death. (Fox News)

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He died in a hospital Oct. 24, according to a statement from La Quinta High School.

The other teen, who has not been publicly identified, was hospitalized following the crash and later released, according to local outlet News Channel 3.

Liam Cantu

La Quinta High School freshman Liam Cantu, 14, was hit Oct. 10 while riding his bike. He later died at a hospital. (@lqhsblackhawks via Instagram)

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Multiple federal law enforcement sources told Fox that Villegas-Orbe was arrested for driving under the influence in August 2024 and November 2024 in Riverside County, California.

However, since the DUI arrests were misdemeanors, sources said they did not meet the Biden administration's immigration enforcement priorities.

Exterior view of La Quinta High School in La Quinta, California

La Quinta High School freshman Liam Cantu, 14, died after the Oct. 10 crash. (Google Maps)

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Immigration and Customs Enforcement (ICE) detainers were not filed at the time, meaning there was no effort made to deport Villegas-Orbe after the arrests.

Sources said ICE has now filed a detainer request with local law enforcement for the fatal hit-and-run arrest.

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California's sanctuary state law likely will not allow any cooperation, even if Villegas-Orbe makes bail.

"We remember his smile, his laughter, and the energy he brought into every space," La Quinta High School wrote in an Instagram post. "We remember Liam today and always. His spirit will forever be a part of our school family."

Alexandra Koch is a Fox News Digital journalist who covers breaking news, with a focus on high-impact events that shape national conversation.

She has covered major national crises, including the L.A. wildfires, Potomac and Hudson River aviation disasters, Boulder terror attack, and Texas Hill Country floods.

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