The Biden administration on Monday rescinded the deportation of a Mexican illegal immigrant accused of being a "hit-and-run" driver in 2020. It came amid the implentation of the new rules the Department of Homeland and Security (DHS) announced in September.

Initially, the DHS wanted the Mexican hit-and-run driver, identified as Heriberto Fuerte-Padilla, to be deported after authorities from Texas issued their punishment in connection to his crime in 2020, The Daily Mail reported.

However, on Monday, the DHS changed their decision contending that the individual "does not qualify" for priority deportation under Mayorkas' new rule published last year.

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Mexican Hit-and-Run Driver Deportation Issue

The Biden administration's decision on Monday came after Fuerte-Padilla caused the death of a 19-year-old girl in Texas, named Adrienne Sophia Exum, ABC 13 reported.

According to reports, an altercation broke out in the 200 block of West Road, prompting one of the men to get in Exum's car and drive off while the door was open. Harris County Sheriff's Office Sgt. Aric Albers noted that the 19-year-old girl was ejected out of the car sustaining injuries after her Mazda was hit by a Dodge pickup truck driven by Fuerte-Padilla.

Harris County Sheriff Ed Gonzales noted that Fuerte-Padilla tried to get away after the incident but was still detained by the officer. The Mexican hit-and-run driver was then charged with Driving With Influence (DWI), as he was found intoxicated and failed to render aid.

Despite the crime Fuerte-Padilla committed, the new rules imposed by the DHS do not qualify the Mexican illegal immigrant for deportation anymore, Washington Times noted.

Under the new DHS guidance on deportations, illegal immigrants must be a "national security risk, a recent border jumper, or a public security risk."

"Enforcement priorities for apprehension and removal remain focused on noncitizens who are a threat to our national security, public safety, and border security," the DHS new guidance reads.

DHS Secretary Alejandro Mayorkas also gave instructions that border agents and officers "must evaluate and balance criminal convictions against mitigating factors," including how long the illegal immigrants stayed in the country, how old their crimes are, and the implication of the deportation to their families.

Mayorkas also reiterated that being in the United States "illegally" is not a ground for being deported back to their home country.

"The fact an individual is a removable noncitizen will not alone be the basis of an enforcement action against them," Mayorkas pointed out. The DHS secretary then furthered that their agency would utilize their "discretion" and focus their enforcement resources "in a more targeted way."

Other Detained Illegal Immigrants Affected by Biden's New Rule on Deportation

Fuerte-Padilla is not the only illegal immigrant that was affected by the new rules issued by the Biden administration when it comes to deportation.

Guatemalan Jose Godoy Vasquez's deportation was also canceled by the ICE last month over the new priorities of the DHS. Vasquez was reportedly convicted of drunk driving in 2013, as well drug possession and domestic violence from 2019 to 2021. His sentence currently runs through 2025, per Daily Mail.

Another case was a Thai named Nay Thar, who was convicted of drug possession in 2017. He was also charged for drunk driving and fleeing the police in 2018 as well as sneaking contraband in 2020.

Reports noted that Thar was released this month, but his deportation request was canceled.

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This article is owned by Latin Post.

Written By: Joshua Summers

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