Escondido, California became the center of a national controversy when Hector Amador Balderas, a 44-year-old Mexican national, was accused of a fatal hit-and-run that resulted in the death of an 11-year-old boy, Aiden Antonio Torres De Paz. The incident, which occurred on November 26, has ignited a dispute between California Governor Gavin Newsom's office and the Department of Homeland Security (DHS) over the state's sanctuary policies.
According to The San Diego Union-Tribune, young Aiden was struck by a vehicle driven by Balderas after chasing a soccer ball into the street near his apartment complex. He was taken to Rady Children’s Hospital but tragically passed away the following morning.
U.S. Immigration and Customs Enforcement (ICE) lodged a detainer with the San Diego County Sheriff’s Office for Balderas following his arrest. Balderas, who had been deported from the U.S. four times previously—thrice in 2004 and once in 2010—allegedly committed a felony by illegally re-entering the country for the fifth time. The detainer was intended to enable ICE to take custody of Balderas upon his release.
However, the San Diego Sheriff’s Office declined the detainer request, citing compliance with California’s sanctuary laws under Senate Bill 54 (the California Values Act). This law generally limits local law enforcement cooperation with federal immigration authorities, except in cases involving active warrants or certain serious or violent felony convictions.
The Governor's office disputed the federal government's claims that the state prevented action, stating that California honors federal criminal warrants and that unlawful re-entry is a federal offense. Newsom's spokesperson argued that California law does not prohibit federal authorities from acting in such cases.
DHS criticized California's handling of the situation. DHS spokeswoman Tricia McLaughlin condemned the state's decision to reject the ICE detainer, emphasizing the risk posed to American families by releasing criminals into communities. She criticized Governor Newsom and other sanctuary policy supporters for their refusal to safeguard public safety.
In court, Balderas pleaded not guilty to felony hit-and-run causing death. The Deputy District Attorney Nicole Gerard requested an increase in bail due to the risk of flight, which was granted by Judge Valerie Summers.
This case underscores a broader conflict between California's sanctuary policies and federal immigration enforcement. Critics of sanctuary policies argue that they can prevent federal intervention against repeat offenders, jeopardizing public safety. In contrast, supporters believe these policies protect immigrant communities from excessive federal overreach.
The San Diego Police Department acknowledged the public's assistance in Balderas' arrest, with Police Chief Ken Plunkett highlighting the importance of community cooperation. As the case progresses, it serves as a stark example of the ongoing debate over the balance between state policies and federal immigration law in the context of public safety.
