EXCLUSIVE: A grieving mother is speaking out after a tragic incident over the Thanksgiving weekend where an alleged illegal immigrant, suspected of driving under the influence, caused a crash that claimed the life of her 8-year-old daughter and left her husband, a U.S. Marine, critically injured. Her husband, Oscar Cruz Acencio, underwent a leg amputation and continues to battle for his life more than a month after the incident.

Jackie Cruz Acencio, mourning the loss of her daughter Arya Cruz Acencio, expressed her frustration and heartbreak, emphasizing that the driver involved should never have been in the United States.

“I deeply empathize with people seeking better lives, but I hold no sympathy for the driver who collided with my family. I’m angry, and he should not have been here,” Jackie shared in an exclusive interview with Fox News’ Matt Finn.

Arya Cruz Acencio, just 8 years old, lost her life in the crash, which allegedly involved a driver who was both intoxicated and in the country illegally. Her father, Oscar, a dedicated U.S. Marine, is enduring a difficult recovery after losing his leg.

The suspect, Bryan Josue Alva-Rodriguez, a 25-year-old from Guatemala, was arraigned while receiving medical treatment for his injuries. He faces serious charges, including 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.

An illegal migrant was charged with murder for his involvement in a fatal accident near San Diego, Calif. (Alvin Miller Abraham)

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.

Arya Cruz Acencio, 8, was killed in a car accident over Thanksgiving weekend involving an illegal immigrant DUI suspect. (Courtesy)

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.

An illegal migrant was charged with murder for his involvement in a fatal accident near San Diego, Calif., that killed an 8-year-old girl and injured multiple people.  (Alvin Miller Abraham)

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.