DHS says Democratic judge’s activity reaches ‘a whole new level’ as illegal and pleads guilty

First on Fox: Trump’s Department of Homeland Security is criticizing a Democratic judge for taking “activism to a whole new level” by harboring an illegal gang member who just pleaded guilty to illegal firearm possession and destruction of evidence.

Federal authorities arrested Christian Ortega Lopez, a Venezuelan national who entered the country illegally in 2023 during the Biden administration, in February at the home of former Doña Ana County Judge Jose Luis “Joel” Cano, 67, and his wife, Nancy Ann Cano, 68.

Based on his tattoos and social media activity showing firearms as well as distinctive hand marks and clothing, the Department of Justice believes Ortega Lopez is a member of the Tren de Aragua, a Venezuelan transnational criminal group that the Trump administration recently designated a foreign terrorist organization.

This month, Ortega Lopez pleaded guilty to illegal possession of firearms and conspiracy to destroy evidence.

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Commenting on the petition, Assistant Secretary of Homeland Security Tricia McLaughlin said the judge’s action is part of a broader pattern of “sanctuary politicians” subverting US law to shelter criminal illegal immigrants.

“Time and time again, we see activist politicians and judges like Jose Cano protecting criminal illegal aliens — in this case, a suspected gang member, from arrest and removal from the country,” McLaughlin wrote in a statement to Fox News Digital.

“Judge Cano, the district judge, takes the activist judge to a whole new level — having this criminal illegal alien living in his home with him,” she added.

“Ortega Lopez, a suspected member of the Tren de Aragua gang, who pleaded guilty to illegal possession of firearms and conspiracy to destroy evidence, should not have been released by the Biden administration into the country,” she said.

He added: “This disgusting behavior is completely unacceptable and is no longer acceptable under the Trump administration. We put the safety of the American people first.”

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A senior DHS official also told Fox News Digital that the agency “will not let a Democratic government shutdown prevent our law enforcement officers from carrying out the critical mission of securing our nation from the worst criminal illegal aliens.”

Federal agents received information in January that Ortega Lopez was living with other illegal immigrants on property belonging to Cano, who was still a judge at the time, and his wife.

Authorities confiscated four rifles during a search of the property on February 28.

The four weapons and three cell phones belonging to Ortega Lopez were confiscated and he was arrested. During the search, Ortega Lopez was allowed to make a phone call before being transported to the Doña Ana District Detention Center (DACDC).

He told agents that the phone he wanted to use was not among the devices recovered. Video calls from DACDC later showed Nancy Cano holding a black iPhone believed to be Ortega’s fourth phone, prosecutors said.

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During a call with Ortega Lopez on March 7, Nancy Cano allegedly used the device to contact someone named “Michelle” via WhatsApp before facilitating a FaceTime call between Michelle and Ortega Lopez using her personal phone.

In an April 20 call, Nancy Cano and Ortega Lopez discussed deleting his Facebook account, which he allegedly used to share incriminating content, including gang affiliations and photos of him carrying weapons.

On April 24, federal agents searched Cano’s home to locate Ortega Lopez’s missing phone. During questioning, Judge Cano admitted to smashing the device with a hammer five weeks ago because he believed it contained incriminating photos and videos of Ortega Lopez holding guns and throwing them in a trash can, according to U.S. Attorney Pam Bondi.

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Forensic analysis of the recovered phones revealed messages linked to Ortega’s alleged criminal activities, including his ties to the Tren de Aragua gang and photos of him carrying weapons, authorities said.

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Justice Kanu resigned from his position in March, and he and his wife were arrested on April 24. They were released on $10,000 bail and each faces up to 15 years in prison on charges of tampering with evidence and conspiracy to tamper with evidence.

Fox News Digital reached out to Kanos’ attorney for comment, but did not immediately receive a response.

Audrey Conklin and Luis Casiano of Fox News Digital contributed to this report.