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Sen. Lindsay Graham (R-S.C.) disclosed the information today at a Judiciary Committee hearing.

Jose Antonio Ibarra was illegally out on parole when he allegedly killed Georgia student Laken Riley, according to U.S. Immigration and Customs Enforcement (ICE) records.

The records were obtained by Sen. Lindsey Graham (R-S.C.) who in disclosing them at an April 17 Judiciary Committee hearing, slammed U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas for telling the Judiciary Committee the day before that he didn’t know why Mr. Ibarra had been paroled from the federally-run immigration detention center in El Paso, Texas.

“It’s in your own file!” exclaimed Mr. Graham, a ranking member of the Judiciary Committee, “how can you testify before the country you didn’t know how the guy got into the country, when literally at the same moment I’m giving you a document he was admitted into the country for lack of capacity at El Paso.” 

The condemnation came just a few hours before the Senate kicked off the anticipated impeachment trial of Mr. Mayorkas on allegations he is not ensuring that immigration laws are being upheld including the longstanding Immigration and Nationality Act, which sets detention mandates for inadmissible aliens in the United States.

According to Mr. Graham, one of those violations was the paroling of Mr. Ibarra. 

The DHS records he obtained state Mr. Ibarra was granted “parole due to detention capacity.”

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“The law is clear. You cannot parole someone because you don’t have space,” said Mr. Graham who included, as part of his testimony, a blowup of the excerpt from DHS records citing lack of space as the reason for Mr. Ibarra’s parole.

By law, as pointed out by Mr. Graham, immigration parole is only to be granted at the discretion of the DHS Secretary on a case-by-case basis, in instances of “urgent humanitarian reason or significant public benefit.”

“If this is not Exhibit A of a broken immigration system, what would be,” he said with disgust. 

DHS did not respond to inquiries from The Epoch Times about the case.

Mr. Graham’s testimony along with other documents show that after Mr. Ibarra was paroled back in 2022, he was subsequently arrested and released at least three separate times for various crimes over just a four-month period before allegedly killing Ms. Riley. 

The first time was in September 2022 by police in New York on allegations of endangering a minor under the age of 17 and committing a motor vehicle violation.

He was arrested again in October on shoplifting and other theft charges by police in Athens, Georgia.

In December, he was arrested on a bench warrant for failing to appear in court on the previous charges.

It would be less than two months later, in what would be his fourth arrest—that the Venezuelan native would be arrested for the murder of Ms. Riley. The body of the 22-year-old Augusta University student, a known avid runner who reportedly always made the Dean’s List, was found on Feb. 23, on a wooded trail located in an area on campus that was just a mile from where Mr. Ibarra was staying. 

According to police affidavits, she was so badly beaten her skull was disfigured. In the affidavits, Mr. Ibarra is accused of kidnapping her, dragging her into the woods, and then bludgeoning her to death. 

The 26-year-old, who has required a translator in court proceedings, recently requested a jury trial in the case through his court-appointed attorneys. 

His older brother, who is currently being detained at an immigration facility on various crimes including running a fake green card scam, has been linked by federal prosecutors to the notorious and violent Tren de Argua gang. 

Mr. Graham is not the first Congressional leader to inquire about the questionable immigration standards followed in Jose Ibarra’s case.

In a Feb. 27 joint letter to Mr. Mayorkas, Reps. Jim Jordan (R-Ohio) and Tom McClintock (R-Calif.) asked for all DHS documents relating to Mr. Ibarra including any U.S. aid he was receiving and processing records by U.S. Customs and Border Protection officials including the status of any detainer request made by border agents. 

The two Republicans also recently spearheaded a Congressional investigation into an alleged gag order instituted by the Department of Justice against immigration judges that forbids them from speaking with Congress and the news media about what they called “the Biden Administration’s unprecedented immigration crisis.”

“The reported gag order on immigration judges appears to violate federal law that guarantees the right of all federal employees to speak freely with Congress without interference from their employer,” they wrote in an inquiry on the subject to Executive Office for Immigration Review Director David Neal. “It is striking that the Biden Administration seeks to stifle the free speech of immigration judges at a time when the House of Representatives is conducting robust oversight of the border crisis and how the nation’s immigration courts are being used to carry out President Biden’s open-borders policies.”

In his inquest into Mr. Ibarra’s illegal parole, Mr. Graham feverishly renounced Democrats for balking at reform efforts of Biden’s border policies.

“We’re going to have an impeachment trial on Mayorkas, in theory, but not in practice,” he said. We’re not going to get any of this information because … you don’t want to have a discussion as to whether or not he has broken his duty to protect America … but the issue is not going to go away. We’re going to tell the American people until we run out of breath that the system in place is broken.”