California Gov. Gavin Newsom’s (D) office and the Department of Homeland Security (DHS) publicly clashed over the state’s handling of an immigration detainer for a criminal illegal alien accused of killing an 11-year-old boy in Escondido.
The case highlights ongoing tensions between California’s sanctuary policies and federal immigration enforcement.
U.S. Immigration and Customs Enforcement (ICE) lodged a detainer with the San Diego County Sheriff’s Office for 44-year-old Mexican national Hector Amador Balderas (also identified as Hector Balderas-Aheelor) following his arrest for felony hit-and-run.
The collision occurred on Nov. 26, when Aiden Antonio Torres De Paz chased a soccer ball into the street near his apartment complex and was struck.
He was rushed to Rady Children’s Hospital and died the following morning, according to The San Diego Union-Tribune.
DHS noted that Balderas had previously been deported from the U.S. four times—three times in 2004 and once in 2010—and allegedly committed a felony upon illegally re-entering for a fifth time.
ICE requested the detainer so they could take custody if he were released.
The San Diego Sheriff’s Office, citing California’s sanctuary laws under Senate Bill 54 (the California Values Act), reviewed Balderas’ record and rejected the detainer.
SB 54 generally limits local law enforcement cooperation with federal immigration authorities, except in cases involving active warrants or certain serious or violent felony convictions.
Newsom’s office disputed federal claims, calling assertions that the state blocked action “a complete lie.”
A spokesperson stated, “Nothing prohibits the federal government from doing its job in this case. Unlawfully returning to the United States after deportation is a federal criminal offense, and California honors federal criminal warrants.”
“The federal government admits a failure to apprehend the suspect when he unlawfully entered the U.S. California law does not prevent them from acting now.”
DHS criticized Newsom’s handling of the case on X.
“You’re playing word games to keep an illegal alien murderer in America,” the department wrote. “California REJECTED the ICE detainer for an illegal alien charged with killing an 11-year-old boy. Gavin Newsom says he’ll only cooperate with ICE if the criminal illegal alien is CONVICTED, meaning California will let him roam free even though he’s been arrested for FELONY hit-and-run.”
DHS spokeswoman Tricia McLaughlin was even more direct.
“The sanctuary politicians of California and Governor Newsom once again REFUSED to protect the safety and security of American families,” she told the Daily Caller News Foundation. “It’s despicable that our ICE arrest detainer of a criminal illegal alien who killed an 11-year-old boy would be rejected.”
“When will Governor Newsom and his fellow sanctuary politicians stop releasing criminals into our neighborhoods and putting American lives at risk?”
In court, Balderas pleaded not guilty to felony hit-and-run causing death.
Deputy District Attorney Nicole Gerard requested to triple his bail from $100,000 to $300,000, citing concerns he could flee, noting he fled the crash scene, is “transient,” and was born in Mexico.
Judge Valerie Summers granted the increase.
Prosecutors said Balderas faces up to four years in state prison if convicted. Family members attended the hearing, wearing shirts commemorating Aiden.
The San Diego Police Department credited public tips with aiding Balderas’ arrest, according to 7 San Diego. Police Chief Ken Plunkett praised community cooperation as critical to resolving the case.
This incident underscores broader tensions between California’s sanctuary policies and federal immigration enforcement.
Critics argue such policies can limit federal intervention against repeat offenders, potentially putting public safety at risk.
DHS officials continue to call for full cooperation with federal detainers to prevent tragedies like Aiden Torres De Paz’s death, noting that repeated illegal entries by dangerous individuals are a national concern.
As sanctuary laws continue to shape state-federal interactions, this case highlights the consequences of limiting law enforcement cooperation.
Families, federal authorities and local law enforcement alike face the challenges of balancing state policies with public safety, with tragic outcomes underscoring the stakes.
