Investigative Group

EXCLUSIVE: Border Patrol Previously Released Alleged Virginia Gun Violence Suspects, Including MS-13 Member

Photo Courtesy of the Loudon County Sheriffs office

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Jennie Taer Investigative Reporter
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  • Two individuals allegedly involved in gun crimes in Virginia were previously released into the country by federal authorities after crossing the southern border illegally as unaccompanied children, Immigration and Customs Enforcement first told the Daily Caller News Foundation.
  • One of the suspects is a member of the MS-13 gang, the city of Leesburg, Virginia, said in a recent statement.
  • “Enforcement and Removal Operations (ERO) is focused on smart, effective immigration enforcement that protects the homeland through the arrest and removal of those who undermine the safety of our communities and the integrity of our immigration laws. Entering the United States without authorization is a violation of federal law, and those who do so may be subject to administrative arrest, and in some cases, criminal prosecution,” an ICE spokesperson told the DCNF.

Two individuals, including one MS-13 member, that were recently arrested for gun crimes in Virginia were previously released by Border Patrol after coming into the country illegally as unaccompanied minors, Immigration and Customs Enforcement (ICE) first told the Daily Caller News Foundation.

Juan Carlos Cubillas-Quiroz, 18, and Emerson Josue Martinez-Alvarenga, 19, both are charged with crimes involving gun violence and/or extortion in incidents that took place in Virginia, the Leesburg government said in a Aug. 10 statement. Martinez-Alvarenga was arrested and identified as an MS-13 gang member. They were both released into the U.S. with a Notice to Appear, which is a document instructing migrants to eventually appear before an immigration judge. (RELATED: Trump Wants To Block ‘Marxists’ From Immigrating To US: REPORT)

Cubillas-Quiroz is a Honduran national who crossed the southern border illegally as an unaccompanied child and was arrested by Border Patrol on Aug. 13, 2021 in Donna, Texas, ICE told the DCNF. He was released to a parent on Sept. 4, 2021.

Martinez-Alvarenga is a citizen of El Salvador who was taken into Border Patrol custody July 30, 2019, in San Luis, Arizona, as an unaccompanied minor, ICE said. The Office of Refugee and Resettlement (ORR) released him to an unrelated sponsor in Leesburg, Virginia, on Sept. 20.

“Regardless of nationality, ICE makes custody determinations on a case-by-case basis, in accordance with U.S. law and U.S. Department of Homeland Security (DHS) policy, considering the individual merits and factors of each case. ICE officers make associated decisions and apply prosecutorial discretion in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects the communities we serve,” an ICE spokesperson told the DCNF.

SAN DIEGO, CALIFORNIA - MAY 13: A U.S. Border Patrol agent keeps watch as immigrants enter a vehicle to be transported from a makeshift camp between border walls, between the U.S. and Mexico, on May 13, 2023 in San Diego, California. Some of the immigrants at the open air camp have been waiting for days in limbo for a chance to plead for asylum while local volunteer groups are providing food and other necessities. The U.S. government's Covid-era Title 42 policy, which for the past three years had allowed for the quick expulsion of irregular migrants entering the country, expired on the evening of May 11. (Photo by Mario Tama/Getty Images)

SAN DIEGO, CALIFORNIA – MAY 13: A U.S. Border Patrol agent keeps watch as immigrants enter a vehicle to be transported from a makeshift camp between border walls, between the U.S. and Mexico, on May 13, 2023 in San Diego, California. (Photo by Mario Tama/Getty Images)

Martinez-Alvarenga is charged with two counts of pointing/brandishing a firearm, two counts of non-citizen in possession/transporting a firearm, extortion: threat against victim’s person/property, and street gangs: predicate criminal act for gang, ICE said. His alleged crime spree took place over the course of five separate incidents between May and July, according to Leesburg’s statement.

In one incident allegedly involving Martinez-Alvarenga that took place on June 18, police officers responded to reports of gunshots and later found a male victim with what appeared to be a gunshot wound and lacerations to his upper body, according to Leesburg’s statement.

Cubillas-Quiroz is charged with the felony of extortion in connection with a June 9 incident that allegedly involved Martinez-Alvarenga as well, according to ICE.

“Enforcement and Removal Operations (ERO) is focused on smart, effective immigration enforcement that protects the homeland through the arrest and removal of those who undermine the safety of our communities and the integrity of our immigration laws. Entering the United States without authorization is a violation of federal law, and those who do so may be subject to administrative arrest, and in some cases, criminal prosecution,” an ICE spokesperson told the DCNF.

Cubillas-Quiroz has since been taken into ICE custody, while Martinez-Alvarenga remains in the Loudoun County Adult Detention Center with an ICE detainer, according to ICE.

While illegal migrant encounters at the southern border topped a record 2.2 million in fiscal year 2022, ICE removed roughly 72,000 illegal aliens, compared to roughly 185,000 in fiscal year 2020 when migrant encounters were lower.

Additionally, the Biden administration has instituted a policy limiting ICE arrests and deportations to illegal aliens deemed to be risks to national security, border security and public safety.

U.S. Customs and Border Protection (CBP) didn’t immediately respond to a request for comment.

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