University of South Carolina student, Nate Baker, 21, was a junior majoring in business at his time of death. (Fiji South Carolina)

A Department of Homeland Security source previously told Fox News Digital that Fernandez-Cruz was previously arrested by border patrol in Hidalgo, Texas, on Dec. 24, 2016. In September 2018, an immigration judge in Charlotte, North Carolina, ordered Fernandez-Cruz to be sent back to El Salvador. 

At the time of the crash, Fernandez-Cruz was wanted by Immigration and Customs Enforcement (ICE), police said.

Two men were with Fernandez-Cruz at the time of the accident and also fled, according to police. No charges are pending against them. The immigration status of the other men is unknown.

File photo of University of South Carolina student, Nate Baker, 21 who was killed in a motorcycle crash on April 2, 2025. According to DHS, the man accused of hitting Baker, Rosali I. Fernandez-Cruz, 24, is an illegal immigrant. (Fiji South Carolina)

The Phi Gamma Delta chapter at USC described Baker as “not just a brother, but a leader, a role model, and a true embodiment of what our fraternity stands for.”

“Nate Baker brought light, laughter, and love into all of our lives. Nate will always be remembered for the way he showed up for others and the impact he had on everyone around him,” the fraternity wrote in an Instagram post. “His passion, loyalty, and love for this brotherhood will never be forgotten. May we honor his memory by living with the same kindness, selflessness and generosity that he showed to everyone around him. Rest in Peace Nathaniel Baker.”

Fox News’ Alexandra Koch contributed to this report.