On Sept. 11, Judge Josh Hill is scheduled to make a ruling in the capital murder case of Jocelyn Nungaray, a 12-year-old murdered in Houston in June. The two suspects in her case are Venezuelan immigrants. 

Lawyers Lisa K. Andrews, Daniel J. Werlinger, and Cary H. Higginbotham requested a gag order on behalf of defendant Franklin Peña in August to prevent District Attorney Kim Ogg, her office and law enforcement agencies from commenting on the case. 

The case has become a national flashpoint for the immigration debate during a key election year. Jocelyn’s mother has advocated for stricter immigrant detention policies under a Donald Trump presidency. Immigration advocates recognize the tragedy of the case, but caution against generalizations and stereotypes of immigrants as criminals. 

As the case moves forward, here’s what you need to know.

What we know about the case, suspects in her murder

On June 17, Jocelyn Nungaray walked to a convenience store near her home in north Houston in the early morning. From there, she walked down to a nearby creek with two men where her body was found the next morning, according to a report by Houston Police Department. Forensic tests later proved she was sexually assaulted. 

Two Venezuelan nationals, Johan Jose Martinez Rangel, 22, and Franklin Jose Peña Ramos, 26, were arrested for her murder three days later. 

The U.S. Border Patrol apprehended Martinez Rangel on March 14 and Peña Ramos on May 28 near El Paso. Both men were released with a notice to appear. They are now being held in Harris County jail with ICE holds. Bail for each was set at $10 million. 

“Martinez and Pena both illegally entered the U.S. without inspection, parole, or admission by a U.S. immigration officer on an unknown date and at an unknown location,” an ICE spokesperson said in a statement.

How the case became an immigration issue

Jocelyn’s murder is the latest high-profile killing to spark a debate around immigration, along with the murder of 22-year-old nursing student Laken Riley in Georgia and 37-year-old Rachel Morin, who was raped and killed while jogging in Maryland. 

Former President Donald Trump blames President Joe Biden’s immigration policies for Jocelyn’s murder. Harris County District Attorney Kim Ogg echoed Trump’s sentiment that immigration policies are to blame. Houston Mayor John Whitmire criticized the “broken immigration system” for releasing the suspects after they had been arrested prior to Jocelyn’s murder. 

A White House spokesperson said the administration cannot comment on active law enforcement cases, but emphasized that “anyone found guilty of this type of heinous and shocking crime should be held accountable, to the fullest extent of the law.”

U.S. Sen. Ted Cruz (R-Texas) and U.S. Rep. Troy Nehls (R-Texas-22) introduced the Justice for Jocelyn Act on July 11 to increase the detention and tracking of immigrants entering the U.S. The law would require all ICE beds be filled and only allow release of immigrants with GPS monitoring.

Lt. Gov. Dan Patrick has advocated to pass bail reform named after her, preventing individuals arrested for capital murder from receiving bail. Texans would have to vote to amend the state constitution in order to enact this change. 

He has advocated for the Texas Senate to enhance “Lauren’s Law,” which makes the murder of any child under 15 years old an eligible death penalty offense.  

Immigrant groups in Houston, such as the Greater Houston League of United Latin American Citizens and the American Business Immigration Coalition, condemned the crime. But they emphasized that it should not be used for political means.

Although the suspects in Jocelyn’s murder are immigrants, there is little data that points to immigrants as a driver of crime. The National Bureau of Economic Research tracked incarceration rates over 150 years, and found that immigrants were never incarcerated at a rate higher than U.S.-born citizens.

“There’s really no evidence to suggest that with more immigration, there’s going to be more crime,” said Javier Ramos, an assistant professor in the department of criminal justice and criminology at Sam Houston State University, who researches the intersection of immigration and crime. “Typically, we find that’s the opposite of what’s true.”

Rania Mankarious, CEO of Crime Stoppers Houston, an organization that provides support services to victims’ families, said that families affected by violence will push for answers and question how the crime could have been prevented.

“They’re going to speak their mind and you have to let them,” Mankarious said. “It’s their right. They’ve paid the ultimate price.”

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