EXCLUSIVE: Mom speaks out after illegal alien DUI suspect allegedly kills 8-year-old, maims Marine dad

EXCLUSIVE: A mother is speaking out after an illegal alien DUI suspect allegedly killed her 8-year-old daughter in a Thanksgiving weekend crash that also critically injured her U.S. Marine husband, Oscar, who had his leg amputated and remains in a fight for his life more than a month later.

Jackie Cruz Acencio, who is grieving the loss of her 8-year-old daughter, Arya Cruz Acencio, says the suspected illegal immigrant driver should not have been in the country in the first place.

"I care very deeply for these people that want to have a better life. I really do, but I have no sympathy for the driver that hit me and my family. I don't. I'm angry, and he shouldn't have been here in the first place," Jackie told Fox News' Matt Finn in an exclusive interview.

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 The alleged driver, Bryan Josue Alva-Rodriguez, a 25-year-old Guatemalan citizen, was arraigned while being treated for injuries in the hospital. He is facing charges for murder, vehicular manslaughter and driving under the influence.

"Now an innocent life has been lost in a tragedy that could have been prevented," the San Diego office for U.S. Immigration and Customs Enforcement (ICE) wrote on X.

Alva-Rodriguez illegally entered the United States on Feb. 8, 2018, and was arrested by U.S. Border Patrol agents in Calexico, Calif. He was issued a notice to appear before an immigration judge and released, ICE said.

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While in immigration proceedings, he was charged with two DUIs on Sept. 6, 2020, and April 7, 2021, according to the agency. On March 16, 2023, an immigration judge ordered him deported. However, Alva-Rodriguez failed to leave the U.S. as ordered, authorities said. 

The Cruz Acencio family was on their way home from a Thanksgiving visit when the suspect, who was allegedly intoxicated, allegedly hit their vehicle. The suspect allegedly crossed a double yellow line and crashed into the family's car head-on. 

"We didn't deserve it, and nobody does," Jackie told Finn.

Her husband, Oscar, is still recovering not only from the leg amputation, but also a traumatic brain injury that he suffered during the crash. He is being treated at a Navy hospital in San Diego.

Jackie recalled that she saw her daughter wasn't breathing when the crash happened, describing that it looked like the little girl was sleeping.

"At that moment, I wasn't thinking like, 'oh, she's dead.' I just kind of didn't think about it," she said. Reality hit Jackie when she was told that her daughter did not survive the crash. She said that she is sad and angry and is still processing the loss.

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The tragic accident comes amid a nationwide debate about the issuing of commercial drivers licenses (CDLs) to illegal immigrant truckers.

The Department of Transportation has clashed with California Gov. Gavin Newsom in recent months, claiming that the state illegally issued non-domiciled CDLs. The department claimed that several migrants held CDLs that expired after the end of their work permits. California has until Jan. 5 to revoke illegally issued licenses.

Transportation Secretary Sean Duffy wrote in a post on X on Dec. 30 that the Jan. 5 deadline remained in place. He said that his department would act and possibly revoke nearly $160 million in federal funds if California misses the deadline.