EXCLUSIVE: A heart-wrenching tragedy unfolded over the Thanksgiving weekend, leaving a mother mourning the loss of her young daughter and her husband, a U.S. Marine, in a critical fight for survival. This devastating incident, reportedly caused by an illegal immigrant driver under the influence, has sparked a wave of grief and anger.

Jackie Cruz Acencio, the grieving mother of 8-year-old Arya Cruz Acencio, is speaking out against the circumstances that led to this tragic event. She expressed her anguish, stating that the driver responsible should never have been in the country, as her family faces the aftermath of this preventable catastrophe.

“I have deep compassion for those seeking a better life,” Jackie shared in an exclusive interview with Fox News’ Matt Finn. “However, I have no sympathy for the driver who hit my family. I’m filled with anger because he shouldn’t have been here in the first place.”

The accident claimed the life of young Arya and left her father, Oscar Cruz Acencio, severely injured. As he clings to life, having already lost a leg, the family’s future hangs in the balance.

The accused driver, Bryan Josue Alva-Rodriguez, a 25-year-old citizen of Guatemala, has been arraigned while recovering from injuries in the hospital. He faces serious charges including murder, vehicular manslaughter, and driving under the influence.

The San Diego office of U.S. Immigration and Customs Enforcement (ICE) commented on the incident, emphasizing the preventable nature of the tragedy. “An innocent life has been lost in a tragedy that could have been prevented,” they stated on social media platform X.

Alva-Rodriguez illegally entered the United States on Feb. 8, 2018, and was arrested by U.S. Border Patrol agents in Calexico, Calif. He was issued a notice to appear before an immigration judge and released, ICE said.

An illegal migrant was charged with murder for his involvement in a fatal accident near San Diego, Calif. (Alvin Miller Abraham)

While in immigration proceedings, he was charged with two DUIs on Sept. 6, 2020, and April 7, 2021, according to the agency. On March 16, 2023, an immigration judge ordered him deported. However, Alva-Rodriguez failed to leave the U.S. as ordered, authorities said. 

The Cruz Acencio family was on their way home from a Thanksgiving visit when the suspect, who was allegedly intoxicated, allegedly hit their vehicle. The suspect allegedly crossed a double yellow line and crashed into the family’s car head-on. 

“We didn’t deserve it, and nobody does,” Jackie told Finn.

Her husband, Oscar, is still recovering not only from the leg amputation, but also a traumatic brain injury that he suffered during the crash. He is being treated at a Navy hospital in San Diego.

Jackie recalled that she saw her daughter wasn’t breathing when the crash happened, describing that it looked like the little girl was sleeping.

“At that moment, I wasn’t thinking like, ‘oh, she’s dead.’ I just kind of didn’t think about it,” she said. Reality hit Jackie when she was told that her daughter did not survive the crash. She said that she is sad and angry and is still processing the loss.

Arya Cruz Acencio, 8, was killed in a car accident over Thanksgiving weekend involving an illegal immigrant DUI suspect. (Courtesy)

The tragic accident comes amid a nationwide debate about the issuing of commercial drivers licenses (CDLs) to illegal immigrant truckers.

The Department of Transportation has clashed with California Gov. Gavin Newsom in recent months, claiming that the state illegally issued non-domiciled CDLs. The department claimed that several migrants held CDLs that expired after the end of their work permits. California has until Jan. 5 to revoke illegally issued licenses.

An illegal migrant was charged with murder for his involvement in a fatal accident near San Diego, Calif., that killed an 8-year-old girl and injured multiple people.  (Alvin Miller Abraham)

Transportation Secretary Sean Duffy wrote in a post on X on Dec. 30 that the Jan. 5 deadline remained in place. He said that his department would act and possibly revoke nearly $160 million in federal funds if California misses the deadline.