Louisiana's two U.S. senators on Tuesday demanded answers from the Department of Homeland Security about an illegal immigrant involved in a fatal bus accident in their state over the weekend.
Republican Sens. David Vitter and Bill Cassidy, along with Senate Judiciary Chair Chuck Grassley, asked DHS Secretary Jeh Johnson give them more information about the identity of the bus driver, who law enforcement said was a Honduran man illegally present in the U.S., and who didn't have a driver's license.
"This past Sunday, two American lives were tragically cut short in a bus crash in St. John the Baptist Parish, and my thoughts and prayers remain with their families," Vitter said in a statement. "As we continue looking into the circumstances surrounding the bus crash, it's troubling to know that the driver responsible is an illegal alien who did not have the proper documentation to be legally driving in the United States. This tragedy absolutely could have been prevented, and it's important for Secretary Johnson to cooperate in investigating the illegal alien who took two innocent American lives on Sunday, including any prior criminal activity."
The senators have asked Johnson to respond to their 11 questions and requests for information by Sept. 12:
1. The alien registration number for Rodriguez, his complete alien file (A-file), including any temporary files, working files, or Service Center files, and all documents and items contained in them, all reports or notifications generated by DHS or in its possession about him, whether currently in written or electronic form, including, but not limited to, the Enforcement and Removal Operations (ERO) Executive Summary, criminal history or immigration summaries, detainers or requests for notification, I-213(s), and Notice(s) to Appear or other charging documents created to seek his removal from the United States.
2. Please identify each and every date on which Rodriguez was encountered by a law enforcement agency in the United States, to include criminal and civil arrests, the nature of the charge, the jurisdiction where the arrest occurred, the disposition of that charge, the date(s) on which he was released from the custody of that law enforcement agency, and the reason(s) for the release. Please provide the arrest and disposition documentation for each encounter.
3. How and when did Rodriguez enter the United States? Was he ever served with a Notice to Appear? Was it filed with an immigration court? Please explain.
4. Did Rodriguez ever apply for any immigration benefits, including deferred action? If so, was any application approved? Please provide copies of any applications that he may have submitted, whether or not adjudicated.
5. Has Rodriguez been removed previously? If so, when?
6. Has ICE issued a detainer or request for notification to any entity regarding Rodriguez? Please explain.
7. Was Rodriguez a member of, or associated with any criminal gang? Please explain.
8. If Rodriguez had been encountered by DHS enforcement officials prior to his arrest for murder, would he have met the requirements to be considered a priority for removal under the Administration's Priority Enforcement Program? If so, please provide the exact reason for such consideration. If not, why not?
9. Have the victims, or their immediate family members, been contacted by officials at ICE? Please provide details.
10. Is DHS investigating who or what company chartered the bus and hired Mr. Rodriguez to operate it without a valid commercial driver's license?
11. Is ICE working to determine the immigration status of the passengers on the bus Mr. Rodriguez was driving?
The driver, Denis Yasmir Amaya Rodriguez, had been driving a bus filled with 24 foreign construction workers to Baton Rouge, La., on Aug.28 when he collided with first responders, who had been on scene responding to a separate incident. The crash killed local fire chief Spencer Chauvin and a passenger, Jermaine Starr.
Rodriguez had been ticketed on six occasions for driving without a license, police records show. Due to current immigration policy, police were not able to turn him over to Immigration and Customs Enforcement agents at the time of the stop even though Rodriguez did not have legal permission to be in the country.
"Sadly, this is yet another story in a long line of stories where innocent American citizens have been killed or injured by an illegal alien who has complete disregard for the laws of this nation," the senators wrote in the letter.‎
Rodriguez has not been charged with murder, but was arrested on two counts of negligent homicide and one each of negligent injury, reckless driving and driving without a license. He is being held on a $1.1 million bond by the St. John the Baptist Paris sheriff's office.
In addition, the Federal Motor Carrier Safety Administration is now investigating the bus company, identified as both AM Party Bus and Kristina's Transportation LLC.