Border chaos 3: Family of autistic woman raped, killed by illegal sues Biden Administration for $100 million

by WorldTribune Staff, January 19, 2024

The family of a 20-year-old autistic woman who was murdered by an illegal alien is filing a $100 million wrongful death lawsuit against the Biden Administration.

The suspect, from El Salvador, had ties to MS-13 but was still caught and released under Joe Biden’s open border policies. The migrant allegedly brutally raped Kayla Hamilton and then strangled her with a phone charging cord.

Kayla Hamilton

“We bring this landmark lawsuit in honor of Kayla to get answers on how this catastrophic failure occurred and help prevent another senseless murder,” said Brian Claypool, the lawyer for Tammy Nobles, Kayla Hamilton‘s mother.

Claypool said the lawsuit will name the Department of Homeland Security (DHS), which initially apprehended the suspect, and Health and Human Services (HHS), which released him into the U.S.

According to details of the case made public by Congress last year, the suspect, an El Salvadoran teenager, was apprehended and deemed an Unaccompanied Child or UC. That’s a designation the government gives to children caught crossing without a parent.

The suspect told authorities his family paid $4,000 to a guide who smuggled him over the border, and he claimed to be fleeing gang violence.

“In reality, he was affiliated with MS-13 in El Salvador. Police discovered that with one call to authorities in El Salvador, which lawmakers said begged the question of why Homeland Security and HHS didn’t do that before releasing him,” Stephan Dinan reported for The Washington Times on Jan. 17.

Claypool also said the juvenile had an MS-13 tattoo, which agents should have spotted at the border.

“The killer had been arrested in El Salvador in 2020 for being associated with an illicit gang. All DHS had to do was make one phone call to verify this and Kayla would be alive,” the lawyer said.

Homeland Security, in a statement, said employees take their jobs “very seriously” but wouldn’t go beyond that.

“Our hearts go out to Ms. Hamilton‘s family. We do not comment on pending litigation,” the department said.

Claypool said the illegal alien was released to “a nonverified sponsor who was not a family member.”

The House Judiciary Committee last year said the sponsor was a woman who identified herself as either a first cousin or an aunt.

Nobles, in testimony last year, said the sponsor, who was in the country illegally herself, “couldn’t handle” the El Salvadoran illegal and he went to live with a half-brother in a trailer home. The half-brother would soon kick the suspect out, and he found a place in the same trailer park as Hamilton and her boyfriend.

Hamilton tried to call the boyfriend during the July 23, 2022, attack but her call went to voicemail. Nobles said the voicemail was a 2-minute, 30-second recording of the murder. When the boyfriend returned, he found a phone charger wrapped so tightly around Hamilton‘s neck that he had to use his teeth to get it off, Nobles said.

In its case files, HHS employees said the suspect had “no behavioral issues” and “demonstrated good judgment and age-appropriate behaviors.”

Even after the suspect was charged with murder and his gang tattoos and past criminal record were revealed, he was placed in a foster home with other children, the House Judiciary Committee said.


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