ICE hold lifted months before non-citizen allegedly kills Klein 7-year-old while drunk driving

Joel Enrique Gonzalez Chacin is accused of causing a crash that killed 7-year-old Klein second grade student Ivory Smith and severely injured her mother on Dec. 1.

He was arrested for intoxicated manslaughter and put on Immigration and Customs Enforcement (ICE) hold. 

"U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations Houston lodged an immigration detainer Dec. 4 with the Harris County (Texas) Jail on Joel Enrique Gonzalez Chacin, a 41-year-old Venezuelan national, following his arrest for intoxicated manslaughter with a vehicle. At this time, no additional details can be released," ICE Houston said in a statement.

Court records show that this isn't the first ICE hold Chacin has been placed on. 

Harris County records show that in June 2024, Chacin was arrested for assaulting a family member. Records show that he was put on an ICE hold for that crime. 

"He was taken into custody in June, there was immediately an ICE hold on him - he couldn't bond out," said Andy Kahan with Crime Stoppers. 

The felony was dropped to a misdemeanor, according to records, and Chacin was sentenced to 113 days jail time after pleading guilty. 

"The reason it was 113 days was because that was his time served. So basically, he pleaded guilty and walked out the door because the ICE hold was lifted the day he pleaded guilty," said Kahan. 

Records indicate that ICE hold was lifted the same day Chacin was released in September, just two and a half months before he's accused of causing this deadly crash.

PREVIOUS: Man charged with intoxication manslaughter after Sunday crash kills girl

FOX 26 asked ICE Houston why the hold was lifted, but they could only provide information on his current hold and not the previous one. 

"Why was that hold lifted when he discharged his sentence? If he had kept that hold on him, no ifs, ands or buts, you have a 7-year-old girl who would be alive today and a mother who wasn't seriously injured," said Kahan. 

The family of Ivory says that her mother, Christina, is now out of the hospital but still recovering. 

They provided this statement in response to this new information:

"It is with profound sadness that we acknowledge the heartbreaking loss of 7-year-old Ivory Giselle Smith. Her life, filled with innocence and joy, was taken far too soon due to the reckless actions of an individual who chose to drive under the influence. Ivory’s mother, Christina, continues to endure immense physical and emotional pain as she recovers from the devastating accident. No parent should have to suffer the unbearable loss of a child, especially under circumstances that could and should have been prevented.  Also, Ivory's dad, Keion Smith, as he continues to get through the hours and days trying to be strong for the family. How can a system allow such leniency, where a person with such a record is given a chance to walk free and re-offend? Even more troubling is the fact that this individual was released after being detained earlier this year, only to find themselves back in custody after causing irreparable harm. Why do we have holds in place if they fail to keep dangerous individuals off our streets? The laws in Texas should be designed to protect innocent lives, not to provide loopholes for those who repeatedly disregard them. This tragedy is a stark reminder that we need stronger accountability and justice to prevent further suffering for families like ours. We will continue to demand answers and advocate for change so that no other family has to endure the pain, loss, and injustice that we are experiencing. Ivory’s light and legacy deserve better, and her memory will guide us as we work toward a safer future for all. Rest in peace, sweet Ivory Giselle Smith You will forever remain in our hearts."

ICE Houston provided some more background on ICE detainers. Below is what they sent:

"As part of its mission to identify and arrest removable noncitizens, ICE ERO lodges immigration detainers against noncitizens who have been arrested for criminal activity and taken into custody by state or local law enforcement. An immigration detainer is a request from ICE to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody. Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing ERO to assume custody for removal purposes in accordance with federal law.

Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, removable noncitizens and the public — by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Since detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large"

Crime and Public SafetyHarris County