Mother, 24, allegedly murdered by illegal migrants had detainers ignored: DHS

FIRST ON FOX: The Department of Homeland Security (DHS) has criticized a county in California for failing to comply with U.S. Immigration and Customs Enforcement (ICE) detention requests for two illegal aliens accused of killing a 24-year-old mother earlier this month.

Honduran citizen Franquin Inestroza-Martinez and Honduran Gerzon Jose Chirinos-Munguia were arrested in Santa Clara County for allegedly killing Kembery Chirinos-Flores with a shotgun in early January.

DHS said Chirinos-Munguia is the father of Chirinos-Flores’ 5-year-old son and was previously arrested in 2018 for battery and false imprisonment, followed by domestic battery and criminal threats with intent to terrorize in 2019.

He was released back to California without notification to ICE in both 2018 and 2019, according to DHS.

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“A man has lost his life and a child is now motherless. These illegal aliens should never have been able to commit these horrific murders and should NEVER have been released from prison into American communities,” Acting DHS Deputy Secretary Lauren Bis said in a statement to Fox News Digital.

Inestroza-Martinez, the alleged accomplice of the child’s father, also had an outstanding arrest warrant from New Jersey in connection with the March 2025 murder of a 55-year-old, according to DHS.

DHS said he was deported from the United States in 2013, then deported again in 2018. The man allegedly re-entered the country illegally at an unknown date and time before he was allegedly killed in both New Jersey and Chirinos-Flores.

Franquin Inestroza-Martinez (left) and Gerzon Jose Chirinos-Munguia were arrested for murder. DHS says this isn’t the first crime in the US (Courtesy of DHS)

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DHS pointed to the California Valuation Act (CVA), a “sanctuary” law that prohibits local police from asking suspects about their immigration status and limits cooperation between federal immigration agents and local authorities.

“Instead of cooperating with ICE, Santa Clara shelter politicians REFUSED to honor ICE’s detainee and will not notify ICE when these murderers are released from prison,” Bis added. “The frenzy of refusing to turn over cold-blooded murderers to ICE must end.”

The CVA was signed into law in 2017 in response to immigration efforts during President Donald Trump’s first term.

The Trump administration sued California over the California Value Act during the first term of his presidency. (Shawn Thew/EPA/Bloomberg via Getty Images; Matt McClain/The Washington Post via Getty Images)

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The Trump administration sued California over the law throughout 2017-18, but the case was dismissed by the U.S. District Court for the Eastern District of California. The case failed again on appeal, and the Supreme Court declined to hear the case in 2020.

CBS News reported that the child was not harmed in the incident and has since been placed in the custody of child protective services.

Migrants are processed by the US Border Patrol after crossing the US-Mexico border in San Diego in 2024. (Qian Weizhong/VCG via Getty Images)

“Kembery was in the prime of her life. She was working two jobs and was the loving mother of her 5-year-old son,” Santa Clara Department of Public Safety Chief Dan Pistor said at a press conference after the arrests. he said.

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Fox News Digital reached out to the Santa Clara County Board President but did not receive a response.

The president of the Santa Clara County Board of Commissioners did not immediately respond to Fox News Digital’s request for comment.

Story tips can be sent to Preston.Mizell@fox.com and X @MizellPreston.