CONTRA COSTA, CA - A judge in the Bay Area reportedly released an illegal immigrant who had been in custody on alleged burglary charges one day before he allegedly murdered a 68-year-old retiree in his neighborhood, according to officials with the Department of Homeland Security (DHS).
The alleged suspect, Marcos Iriarte-Valdez, had a prior criminal record and was facing burglary charges stemming from at least two incidents elsewhere in the Contra Costa County when a judge ordered him released, Fox News reported.
DHS said it placed an immigration detainer on Iriarte-Valdez on September 23, 2025. "Valdez is charged with murder, inflicting corporal injury on spouse, three counts of burglary, receiving known stolen property, trespassing, entering non-commercial dwelling, loitering, as well as convicted of violation of court ordered protective order," the department said in a statement.
DHS said Iriarte-Valdez is from Venezuela and holds citizenship in Spain. Prosecutors also added three enhancements against Iriarte-Valdez: a special circumstance alleging that the murder occurred during or immediately after a burglary, personal use of a deadly weapon (a knife), and committing the offense while released on bail or his own recognizance.
"CA Governor [Gavin Newsom] must not release this murderer from jail and turn him over to us so we can REMOVE him from our nation," the department later tweeted about Iriarte-Valdez. "Sanctuary politicians must stop putting politics above public safety. This type of insanity leads to more crimes and more innocent victims," DHS said in a statement to Fox News Digital.
In a statement, Newsom's chief deputy director of communications, Diana Crofts-Pelayo, told Fox News Digital, "This individual should face justice for his alleged crime. California takes public safety seriously, and nothing in California law prevents federal authorities from enforcing federal immigration law. The federal government has billions of dollars and substantial resources to enforce federal law—they do their job instead of blaming California for ICE's enforcement failures."
Iriarte-Valdez is accused of killing 68-year-old Todd Stewart, who had lived on his quiet street for about 40 years, during an attempted burglary, prosecutors said.
Prosecutors previously charged Iriarte-Valdez in connection with burglaries at occupied residences in April. He was on pretrial release in that case when he was arrested Tuesday, August 11, for allegedly violating a home detention condition. He was ordered released on his own recognizance on Wednesday, August 12, one day before Stewart was killed.
DHS said Iriarte-Valdez was legally admitted to the U.S. during the George W. Bush administration but has since been classified as an "illegal immigrant."
"The safest way to arrest and remove criminal illegal aliens from our streets is by lodging arrest detainers. Because sanctuary cities refuse to work with ICE law enforcement, criminal illegal aliens are released from jails into American communities to perpetuate more crimes. Seven of the top 10 safest cities in the United States cooperate with ICE," a DHS spokesperson said, adding that Homeland Security Secretary Markwayne Mullin continues to target the "worst of the worst."
Iriarte-Valdez is being held without bail. He pleaded not guilty on Wednesday and is due back in court on September 1.
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