Hearing reveals details of Jocelyn Nungaray case; suspect's immigration status questioned
HOUSTON - New details have emerged in the tragic death of 12-year-old Jocelyn Nungaray, Franklin Peña, one of the accused, appeared in court Monday morning, sparking discussions on immigration enforcement and judicial repercussions.
Harris County District Attorney Kim Ogg described the situation as a reflection of a flawed immigration system. Peña, a Venezuelan national who entered the U.S. illegally, reportedly had an ankle monitor provided by U.S. Immigration and Customs Enforcement (ICE) when he allegedly killed Nungaray.
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"Our immigration system is broken and if there’s ever a case that reflects that it’s this one," Ogg said.
Jocelyn's grandfather, Kelvin Alvarenga, criticized the effectiveness of such monitoring: "Immigration needs to get redone. You tell me with an ankle monitor you’re good, but you’re still walking out on the streets?"
FOX 26 spoke with Alexis Lucero, an immigration defense attorney, who outlined the constraints of ICE's monitoring, explaining that ICE imposes measures like limited service cell phones or ankle monitors on some individuals they release.
"People are generally subject to detention when immigration authorities are not able to make a determination whether that person is a danger to the community or that they doubt that the person will actually present themselves later to immigration authorities," Lucero said.
Amid budgetary and contractual limitations, ICE's tracking devices, monitored by law enforcement and private contractors, may not always prevent subsequent offenses if altered or removed, Lucero added.
"If somebody alters or removes it, it may be difficult for immigration to actually locate them after that process. Immigration may know their last whereabouts, but they may be unable to detect them later on," Lucero said.
Lucero clarified that ICE is not a criminal justice agency, it's an immigration enforcement tool. The GPS monitors are an alternative to placing migrants in a detention facility, and serve as a way to let the community know the migrant is not a danger to the community and ensure that migrants will make their court appearance.
Migrants meet with ICE every six months to make sure they are complying with their restrictions and in those reviews their conditions can be altered, which could lead to removing the electronic devices.
The pain resonates deeply with Jocelyn's mother, who mourns the loss inflicted by Peña and Johan Martinez, the second suspect. Despite her grief, she vows to uphold her daughter's legacy: "She was a special little girl that deserves her justice, and I know she's going to make a difference in this world for all children, and now it’s my job to make sure it continues to happen."
Peña has a $10 million bond. Johan Jose Martinez-Rangel, who is the other suspect arrested in the case, is expected to appear before a judge for his first court appearance Tuesday morning.