ICE faults Biden-era policies for third illegal entry by man convicted in Marine's 2017 killing

An illegal immigrant who was deported twice and on his third illegal entry, was convicted of an automotive offense that killed a U.S. Marine is in Immigration and Customs Enforcement (ICE) custody and heading toward a third deportation.

Martin Martinez-Ballinas, 38, a Mexican national, has entered the U.S. illegally on three separate occasions. He is now in ICE custody after being held in federal prison at Fort Dix, New Jersey, ICE reported.

“Martinez-Ballinas repeatedly and flagrantly disregarded the laws of the United States and faces deportation for the third time,” Enforcement and Removal Operations Newark Acting Field Office Director Arthur J. Wilson, Jr. said in a statement. 

"A complete lack of respect for human life and our legal system": ICE says

“His conviction for an automotive offense that resulted in the tragic loss of a U.S. Marine in 2017 demonstrates a complete lack of respect for human life and our legal system. Anyone who believes violations of U.S. immigration law are trivial or inconsequential should take note: Federal offenses carry serious consequences, and we will continue to enforce the law to protect our communities and honor those who serve our nation.”

In 2017, Martinez-Ballinas was convicted of a hit-and-run in Maryland that took the life of 21-year-old U.S. Marine James Ray Walden III, The New York Post reported. Walden’s father told “The Will Cain Show” on Fox News that Martinez-Ballinas was driving without a license or insurance when he crossed into oncoming traffic and struck the young Marine’s motorcycle head on.

“My son was 21 years old. He was just starting his life,” Walden said. “He was in the Marine Corps. He worked for intel. He worked for the National Security Agency as a crypto analyst, basically Jimmy Spide with a computer.”

Revolving door of illegal entry on Biden's watch

After serving three years for the death of Walden’s son, Martinez-Ballinas was deported in 2020, but was caught attempting to illegally re-enter the U.S. the following year. He was sentenced to 15 months in prison for unlawful entry.

Martinez-Ballinas was again deported in October 2022, but again re-entered the U.S. in 2023, the Department of Justice reported at the time. For that offense, he was sentenced to 37 months in federal prison, followed by one year of supervised release. He is now in ICE custody pending deportation. ICE blamed the Biden administration for Martinez-Ballinas’ third illegal crossing.

As part of its border enforcement priorities, the Trump administration started Operation Take Back America, a nationwide initiative to remove illegal immigrants and end cartels and transnational crime organizations. Most recently, the Southern District of Texas charged 263 people, including 227 illegal immigrants, with immigration and border security crimes between July 24 and 30, the DOJ said in a press release.

Not an isolated incident

In Sioux City, Iowa, Democratic Republic of the Congo native Lopez Munongo Makengo, age 36, was convicted of unlawful possession of identification documents and unlawful use of those documents. Makengo had previously won the Diversity Visa lottery, a program that allows up to 55,000 permanent resident green cards be made available annually via random selection. People from countries with low rates of immigration to the U.S. can enter the lottery and receive a Diversity Visa. Makengo, however, was found to have lied on his application to the lottery, failing to disclose that he had a child even though he swore under oath that his statements on the application were true. Makengo faces up to 5 years in prison, a $250,000 fine, and up to 3 years supervised release following imprisonment. Makengo’s case is also part of Operation Take Back America.