A legislative panel Tuesday took the first steps toward launching a probe into how an illegal immigrant accused of causing a traffic collision that killed three people was allowed to remain in the country despite his criminal record.
The Legislative Audit Committee voted to authorize state Auditor Sally Symanski to do preliminary research on conducting such an audit. Symanski expected the inquiry would look at how state and local law enforcement agencies and the judicial system interacted in the case of Francis Hernandez, 23, an illegal immigrant who had been arrested more than a dozen times in the previous five years but never deported.
Hernandez is accused of driving a vehicle that earlier this month in Aurora struck a pickup, killing two women passengers as well as a 3-year-old boy who was in an ice cream shop.
“This is a topic that involves every level of government,” Symanski said. She noted that her office has no authority to audit federal agencies and only limited authority to audit local governments.
State Reps. Morgan Carroll and Karen Middleton and state Sen. Suzanne Williams, all Aurora Democrats, requested the audit.
State law requires police to tell federal authorities when they have detained a suspect believed to be an illegal immigrant.
The Arapahoe County Sheriff’s Office said it reported Hernandez to U.S. Immigrations and Customs Enforcement in April, and he was released from jail after the agency failed to pick him up. ICE officials said they never received that notification, and the Sheriff’s Office hasn’t been able to find the e-mail requesting the pickup.
Committee member Sen. David Schultheis, R-Colorado Springs, said the state has a role to play in restricting illegal immigration, too.
Symanski will report back to the committee at its November meeting, where members will decide whether to proceed with the audit.
Tim Hoover: 303-954-1626 or thoover@denverpost.com
