Former Doña Ana County Magistrate Judge Joel Cano and his wife, Nancy Cano, were arrested on charges of tampering with evidence after federal agents raided their Las Cruces home. (Doña Ana County Detention Center)
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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Doña Ana County Magistrate Judge Joel Cano and TDA (U.S. District Court for the District of New Mexico)
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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Left: Exhibit filed March 13, 2025, in the case U.S. v. Cristhian Ortega-Lopez appears to show the alleged TdA gang member eating dinner with members of the Cano family. Right: Ortega-Lopez mugshot (U.S. District Court for the District of New Mexico; DHS)
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.
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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.
Fox News Digital's Audrey Conklin and Louis Casiano contributed to this report.
Peter Pinedo is a politics writer for Fox News Digital.
https://www.foxnews.com/politics/dem-judge-hot-seat-after-dhs-exposes-whole-new-level-activism-sheltering-illegal-immigrant