Dem judge in hot seat after DHS exposes 'whole new level' of activism, sheltering illegal immigrant

FIRST ON FOX: The Trump 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 pled guilty to illegally possessing firearms and destroying evidence.

Federal authorities arrested Cristhian Ortega-Lopez, a Venezuelan national who illegally entered the country in 2023 during the Biden administration, in February at the home of former Dona Ana County Magistrate 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 signs and clothing, the Justice Department believes Ortega-Lopez is a member of Tren de Aragua, a Venezuelan transnational criminal group recently designated a foreign terrorist organization by the Trump administration.

This month, Ortega-Lopez pled guilty to illegally possessing firearms and conspiracy to destroy evidence.

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Commenting on the plea, DHS Assistant Secretary Tricia McLaughlin said the judge’s action is part of a wider pattern of "sanctuary politicians" subverting U.S. law to harbor criminal illegal immigrants.

"Time and time again, we see sanctuary politicians and activist judges like Jose Cano shield 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.

She added that "Judge Cano, a magistrate judge, takes activist judge to a whole new level—having this criminal illegal alien live in his home with him."

"Ortega-Lopez, a suspected Tren de Aragua gang member who pled guilty to illegally possessing firearms and conspiracy to destroy evidence, should never have been released into the country by the Biden Administration," she said.

"This disgusting behavior is wildly unacceptable and is no longer tolerated under the Trump Administration. We are putting 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 the Democrats’ government shutdown prevent our law enforcement officers from executing the critical mission of securing our nation from the worst of the worst criminal illegal aliens."

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

Authorities seized four guns during a Feb. 28 search of the property.

The four guns, along with three cellphones belonging to Ortega-Lopez, were seized, and he was arrested. During the search, Ortega-Lopez was allowed to make a phone call before being taken to the Doña Ana County Detention Center (DACDC).

He told the 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 March 7 call with Ortega-Lopez, 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 images with guns.

On April 24, federal agents searched the Cano home to locate Ortega-Lopez's missing phone. During questioning, Judge Cano admitted smashing the device with a hammer five weeks earlier because he believed it contained incriminating photos and videos of Ortega-Lopez with guns and throwing it into a dumpster, according to U.S. Attorney General Pam Bondi.

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A forensic analysis of the recovered phones revealed messages linked to Ortega’s alleged criminal activities, including links with the Tren de Aragua gang and images of him with guns, authorities said.

Judge Cano resigned his position in March, and he and his wife were arrested on April 24. They were released on $10,000 bonds and are facing up to 15 years in prison each for evidence tampering and conspiracy to tamper with evidence.

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