A Venezuelan migrant that could have been deported over two months ago was charged with a late-night drunk driving crash in Texas that killed a young girl.
Chacin, 41, was charged with intoxicated manslaughter, a felony punishable by at least two years in prison, for the December 1 crash in north Houston that killed seven-year-old Ivory Smith.
However, this was not the illegal migrant's first run-in with the law; Chacin had already spent 113 days in jail earlier this year for assaulting a family member.
Chacin was arrested for that assault in June and when he was released on September 24, he was put on an Immigration and Customs Enforcement (ICE) hold, court records showed.
However, those records also shockingly indicate that the ICE hold was lifted for some reason, allowing him to walk free - and then allegedly drive drunk.
DailyMail.com approached ICE for comment on why this release happened.
Fox 26 Houston, the outlet that broke this story, couldn't get an answer out of ICE's Houston office on what led the immigration hold being lifted.
The Houston division did however lodge an immigration detainer against Chacin with the Harris County Jail on December 4, three days after the crash that killed Ivory and seriously injured her mother.
Ivory Smith was a seven-year-old girl who was killed in an alleged drunk driving incident
Joel Enrique Gonzalez Chacin was allegedly behind the wheel of the car that collided with the vehicle Ivory and her mother were in. Chacin is also a Venezuelan migrant who was set to be deported but never was
However, the agency offered no additional information beyond that.
Andy Kahan, a crime victim advocate based in Houston, was outraged that ICE didn't immediately take custody of Chacin back in September.
'Why was that hold lifted when he discharged his sentence? If he had kept that hold on him, no ifs, ands or buts, you have a 7-year-old girl who would be alive today and a mother who wasn't seriously injured,' he told Fox 26.
Ivory's family said that her mother, Christina Quainoo, is out of the hospital and still recovering from her injuries.
The family released a statement to the media, which mourned Ivory and slammed the immigration system for failing 'to keep dangerous individuals off our streets'.
'It is with profound sadness that we acknowledge the heartbreaking loss of 7-year-old Ivory Giselle Smith. Her life, filled with innocence and joy, was taken far too soon due to the reckless actions of an individual who chose to drive under the influence,' the statement began.
'Ivory’s mother, Christina, continues to endure immense physical and emotional pain as she recovers from the devastating accident,' it continued.
'Also, Ivory's dad, Keion Smith, as he continues to get through the hours and days trying to be strong for the family.
The family hopes to get justice for Ivory and change the laws around drunk driving so there are stricter penalties
Pictured: The aftermath of the crash on December 1 that killed Ivory and seriously injured her mother
Christina Quainoo (pictured) was in the car with Ivory during the crash but survived. A family member said she will have to relearn how to walk
'How can a system allow such leniency, where a person with such a record is given a chance to walk free and re-offend?'
The family also set up a GoFundMe page in the wake of the crash. The fundraiser has attracted more than 480 donations totaling over $31,000.
The family hopes to raise $35,000 to support Christina's road to recovery and their effort to get justice for Ivory.
Ivory's aunt, Sharonda Collins, told ABC13 that the mother and daughter were on their way back home when they were struck by Chacin's car.
Following the devastating accident, Collins said Christina will need to relearn to how to walk with physical therapy.
'It's always the person drinking and driving that walks away, and families are left with this. Laws need to change. I'm gonna fight to get those laws changed for Ivory,' Collins said.
The family reportedly didn't want Chacin to receive bond, but against their wishes, his bond was set at $150,000.
He is currently behind bars at the Harris County Jail awaiting his next court date. It is unclear if he has entered a plea at this time.