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.

ILLEGAL IMMIGRANT WITH PRIOR DUIS, DEPORTATION ORDER, CHARGED IN CRASH KILLING 8-YEAR-OLD CALIFORNIA GIRL

 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.

SHERIFF SLAMS LAW ENFORCEMENT AGENCIES FOR RELEASING ILLEGAL IMMIGRANT WHO ALLEGEDLY HIT OHIO NURSE

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.

ILLEGAL IMMIGRANT ALLEGEDLY DRIVING DRUNK AT EXTREME SPEED KILLED WOMAN IN VIOLENT CRASH: DHS

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.

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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.

SAN FRANCISCO – A San Francisco Superior Court judge dismissed claims in a lawsuit against Proposition K, the ballot measure that permanently cleared traffic from the Great Highway to make way for a two-mile park. 

One advocacy group, Friends of Sunset Dunes, said the legal action affirmed Proposition K’s legal standing and called the lawsuit against the park “wasteful.” 

Proposition K passed with more than 54% of the vote in November 2024, but the debate didn’t end there. The Sunset District supervisor was recalled in the aftermath of that vote by residents in the district who argued their streets would be flooded by traffic and that the decision by voters citywide to close a major thoroughfare in their area was out of touch with the local community. 

What they’re saying:

Friends of Sunset Dunes hailed the judge’s decision in the lawsuit, Boschetto vs the City and County of San Francisco, as a victory. 

“After two ballot measures, two lawsuits, three failed appeals, and dozens of hours of public meetings and untold administrative time and cost, this ruling affirms Proposition K’s legal foundation, and affirms the city’s authority to move forward in creating a permanent coastal park to serve future generations of San Franciscans,” the group said in a statement. 

The group added that their volunteers are working to bring the coastal park to life. Meanwhile, “anti-park zealots continue to waste more public resources in their attempt to overturn the will of the people and close Sunset Dunes.” 

“Now that they’ve lost two lawsuits and two elections, we invite them to accept the will of San Franciscans and work with us to make the most of our collective coastal park,” said Lucas Lux, president of Friends of Sunset Dunes. 

The supervisor for the Sunset District, Alan Wong, doubled down on what he had stated earlier. In a statement on Monday, Wong said he is “prepared to support a ballot initiative to reopen the Great Highway and restore the original compromise.” The compromise he’s referring to is vehicles allowed to drive along the highway on weekdays and a closure to traffic on the weekends. 

Wong, in his statement, added that he’s talked to constituents in his district across the political spectrum and that his values align with the majority of district 4 residents and organizations. 

When he was sworn in last month, Wong indicated he was open to revisiting the issue of reopening the Great Highway to traffic. He also said he voted against Proposition K, which cleared the way and made Sunset Dunes official. 

Engardio’s two-cents

Last September, Joel Engardio was recalled as the Sunset District supervisor in a special election. The primary reason for his ouster was his support of Sunset Dunes, the park which also saw the support of other prominent politicians, including former Mayor London Breed, former House Speaker Nancy Pelosi and State Senator Scott Wiener. 

Engardio on Monday issued his own statement after the judge dismissed all claims in the lawsuit against Prop. K. 

“It’s time to consider Sunset Dunes settled. Too many people have seen how the park is good for the environment, local businesses, and the physical and mental health of every visitor,” Engardio said. “Future generations will see this as a silly controversy because the park’s benefits far outweigh the fears of traffic jams that never happened. The coast belongs to everyone and it won’t be long before a majority everywhere will embrace the wonderful and magical Sunset Dunes.” 

The new year in Colorado brought new restrictions for people who vape in Denver. As of January 1, a voter-approved ban on flavored nicotine products is now in effect in Denver, prohibiting the sale of flavored e-cigarettes and vaping products within city limits.

Just outside the Denver border, vape shops say they’re already feeling the ripple effects.

At Tokerz Head Shop in Aurora, located about a block and a half from the Denver city line, owner Gordon McMillon says customers are beginning to trickle in from Denver.

“I was in shock it passed, to be honest,” McMillon said. “Just because of how many people vape in Denver. But we’re hoping to take care of everybody that doesn’t get their needs met over there anymore.”

One of those customers is Justin Morrison, who lives in the Denver area and vapes daily. He stopped by the Aurora shop a day after the ban went into place.

Morrison says the ban won’t stop him from vaping. It will just change where he buys his products.

“I’m going to have to come all the way to Aurora to get them,” he said. “It’s pretty inconvenient. I smoke flavored vapes every day.”

The goal of the ban, according to public health advocates, is to reduce youth vaping.

Morrison said flavored vapes helped him quit smoking cigarettes, an argument frequently raised by adult users and vape retailers who oppose flavor bans.

“It helped tremendously,” he said. “I stopped liking the flavor of cigarettes. The taste was nasty, the smell was nasty. I switched all the way over to vapes, and it helped me stop smoking cigarettes completely.”

McMillon worries bans like Denver’s could push some former smokers back to cigarettes.

“If they can’t get their vapes, some will go back to cigarettes, for sure,” he said. “I’ve asked people myself, and it’s about 50-50.”

While McMillon acknowledges it will bring more business to shops outside Denver, he says the ban wasn’t something he wanted.

“Even if it helps me over here in Aurora, I’m against it,” he said. “I feel like adults should have the rights if they want to vape or not.”

More than 500 retailers in Denver removed their flavored products. For many, they accounted for the majority of their sales. Denver’s Department of Public Health and Environment says it will begin issuing fines and suspensions to retailers found selling flavored tobacco products.

Both McMillan and Morrison say they’re concerned the ban could spread to other cities. For now, Aurora vape shops remain legal alternatives for Denver customers.

Despite the added drive, Morrison says quitting isn’t on the table.

“It’s an addiction. You’re going to find a way to get it. That’s why I don’t see the point of banning it here,” Morrison said.