ICE rejects arrest warrant and allows MS-13 murder suspect to enroll in public school

Bel Air, Maryland (WBFF) — In Annapolis, work began to change Maryland's laws after a Fox45 News investigation found that an MS-13 gang member suspected of murder had been allowed to attend public high schools in the Baltimore area.

This happened as Project Baltimore continues to learn more about the criminal investigation into Walter Martinez. It turns out that local police had asked Immigration and Customs Enforcement for help. But Immigration declined.

“I think the concern is not just limited to this part of the state. I think the concern is for all of us, the people of Maryland,” Maryland Governor Wes Moore said in an interview with Fox45 last week.

When Governor Moore took office nearly two years ago, he made his intentions clear.

“We have said that public safety will be our top priority,” he said.

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Days before Moore was sworn in as governor of Maryland in January 2023, Aberdeen police arrested Martinez for the murder of 20-year-old Kayla Hamilton. At the time, Project Baltimore has now learned, Martinez was attending Edgewood High School in Harford County – even though, according to the indictment, he was an MS-13 gang member and murder suspect who was in the country illegally. And no one at the school was informed of Martinez's past.

“Something has to be done,” Delegate Nino Mangione, who represents Baltimore County, said on WCBM radio last week. “I will keep the audience updated as we pre-file this bill before the legislative session begins in January.”

Currently, state delegates like Mangione are drafting a bill that would allow law enforcement officials to prohibit students from attending school in person if they are suspected of committing a crime. Instead, the student would be taught outside of the classroom—such as through virtual classes—until the investigation is complete. Or, if the student attends classes in person, the school should be notified of any safety concerns so the student body can be better protected.

Project Baltimore asked Governor Moore if he could support similar legislation.

“We will work with everyone to make sure that our children are safe in their schools, that our people are safe in their places of worship, that people are safe where they go to work every day,” Moore said. “And if legislative changes need to be made, we will actively participate in making sure the right laws are put in place that keep our people safe.”

As lawmakers in Annapolis promise to work to keep students safe, Fox45 learns more about how Martinez was able to gain admission into a public school after Kayla's murder.

When Kayla was murdered on July 27, 2022, police quickly identified Martinez as the prime suspect. Because he was in the country illegally and a known member of the MS-13 gang, Aberdeen police requested that ICE (Immigration and Customs Enforcement) detain Martinez until the investigation was complete. But ICE denied the request.

“That's my understanding of the incident,” Harford County District Attorney Alison Healey told Project Baltimore. “My understanding is that they were not willing to arrest him because he was a minor.”

In other words, Aberdeen police knew Martinez was dangerous and asked immigration officials to detain him while they investigated. But immigration officials refused. As a result, the 16-year-old, who had entered the United States as an unaccompanied minor, was placed in the care of Child Protective Services, which allowed him to attend public school.

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In a statement to Project Baltimore, ICE stated: “Martinez was a minor who had not been charged with a crime. Because there had been no significant change in the terms of his immigration status, ERO (Enforcement and Removal Operations) Baltimore had no legal basis to detain Martinez at that time.”

“I think the best thing the public can take away from all of this is that this system, from juvenile justice to immigration, needs to work better,” Healey said. “We need to hold youth more accountable and have better laws to address situations like this.”

“Do you think it was a safety violation to send a student like that to a public school?” Chris Pope of Project Baltimore asked Governor Moore. Martinez was found guilty of murder and sentenced to 70 years in prison.

“I think people need to feel safe in their schools,” he replied. “And people need to feel safe in their classrooms. And if that's not the case, something needs to be done about it.”