A Grieving Mother Sues DHS Over Daughter's Rape and Murder

AP Photo/Jacquelyn Martin

In July 2022, Kayla Hamilton celebrated her 20th birthday. Days later, she was raped and then strangled with a phone cord. The alleged murderer is a 17-year-old illegal immigrant who is a suspected member of MS-13. Kayla's mother, Tammy Nobles, is still grieving her daughter's death and wants to hold the Department of Homeland Security accountable. She is filing a $100 million lawsuit against the agency. 

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The New York Post notes that Nobles testified at the impeachment inquiry of DHS head Alejandro Mayorkas on Thursday, a hearing that Mayorkas decided he was too busy to attend. During the hearing, she commented, “This could have been anyone’s daughter. I don’t want any other parent to live the nightmare that I am living. I am her voice now, and I am going to fight with everything I have to get her story told and bring awareness of the issue at the border."

Mayorkas' absence may have been the final straw for Nobles. According to News Nation, Nobles' lawyer, Brian Claypool, said, "We’re bringing this lawsuit because we’re tired of being held hostage in our own country. We’re tired of DHS playing Russian roulette with our lives.” 

The suit alleges that DHS did not take the necessary and routine steps to verify the identity of the suspect. Claypool said that agents did not verify the suspect's status, which could have been done with a simple phone call, did not verify that he had a sponsor, and even neglected a screening process that would have easily shown authorities that the suspect had a gang tattoo. In the Post story, Claypool commented that all authorities needed to do was lift the suspect's shirt to see the tattoos and that he should have immediately been sent back to El Salvador.

The suspect ran away and, through his contacts, moved into a trailer home that Kayla was already renting. After authorities finally caught up with the suspect in January of last year, he was then identified as a member of MS-13. Claypool also laid blame at the feet of the Department of Health and Human Services. HHS was supposed to put the suspect in a holding facility and confirm that he had a known, verified relative to whom he could be released. Claypool stated:

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Even though DHS let him in, he still can’t get in the US unless he is going to a known relative. Well, they blew it, too. And they’re going to pay the price, because he runs away, by the way, after going to this ‘alleged’ verified sponsor. And then it gets even worse, when [the suspect] end[ed] up at this trailer home as a roommate with lovely Kayla, that was leased out by another illegal immigrant. So we’re done with this. The federal government has blood on its hands. They owed us a duty to protect Kayla and others in this country, and we’re going to bring change through this lawsuit.

For its part, DHS said it could not comment on pending litigation. It also reiterated how seriously its employees take their jobs, adding, “Our hearts go out to Ms. Hamilton’s family.” The agency does not take its job seriously, and the phrase “Our hearts go out to Ms. Hamilton’s family” is an insult. That statement was crafted by some high-level flunky in the public affairs office to get this off of everyone's desks. Nobles and her lawsuit will disappear soon enough beneath waves of motions, red tape, stalling, and the glacial speed at which the government ensures such things move. 

One of my favorite books is Jules Verne's "20,000 Leagues Under the Sea." An often-overlooked aspect of the story is that Captain Nemo's primary mission in life is to seek revenge on the nation that persecuted him and kidnapped and murdered his family. As the Nautilus explores the ocean's depths, Nemo also looks for opportunities to sink ships and send hundreds of men to their deaths. He does this in the name of vengeance and ostensibly to stop the global machinations of war. 

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As the story draws to a close, Nemo is seemingly overcome with the number of murders he has committed. He cries out, "Almighty God! Enough! Enough!" He then plunges the Nautilus and crew into a maelstrom and presumably their deaths.* Nemo is presented as a man of science, letters, and culture, but ultimately, his intellect, adventures, and feats of engineering are not enough to shout down the voice of his conscience. He grapples with the fact that he has committed wholesale murder despite what he believes to be the justness of his cause. He realizes that in the name of peace, he has become a man of war. 

I occasionally wonder if, in their private moments, Alejandro Mayorkas, his compatriots in the administration, the president, the media, and all the rest ever wrestle with the consciences. I wonder if the time will ever come when they will shout, "Almighty God! Enough! Enough!" I suspect some do that during their private moments. I doubt that they will ever be convicted to the point that they will call a halt to their actions. And I suspect there is more than the allure of money and power at work. 

Some will remain true believers, even if they must do so amidst the smoking rubble of a nation. Others are in too deep at this point, and they comfort themselves that at some time in the future, they can distance themselves from the destruction and chaos they have wrought. They are hanging on, waiting for the story of Kayla Hamilton and countless other stories to "blow over." 

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*Nemo reappears in "The Mysterious Island," but there is not enough time for rabbit trails today.

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