Democratic judge’s activism reached ‘whole new level,’ DHS says, as he pleads guilty because it was illegal

FIRST ON FOX: Trump’s Department of Homeland Security is criticizing a Democratic judge for taking “activism to a whole new level” by harboring an illegal gang member who just pleaded guilty to illegal gun possession and destruction of evidence.

Federal authorities arrested Cristhian Ortega-Lopez, a Venezuelan national who entered the country illegally in 2023 under the Biden administration, in February at the home of former Dona Ana County Judge Jose Luis “Joel” Cano, 67, and his wife Nancy Ann Cano, 68.

Based on his tattoos and social media activity showing firearms as well as distinctive hand and clothing signs, the Justice Department believes Ortega-Lopez is a member of the Tren de Aragua, a Venezuelan transnational criminal group recently designated as a foreign terrorist organization by the Trump administration.

This month, Ortega-Lopez pleaded guilty to illegal firearm possession and conspiracy to destroy evidence.

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Former Doña Ana County Magistrate Judge Joel Cano and his wife, Nancy Cano, were arrested on charges of tampering with evidence after federal agents searched their Las Cruces home. (Doña Ana County Detention Center)

Commenting on the plea, DHS Deputy Secretary Tricia McLaughlin said the judge’s action was part of a broader pattern of “sanctuary politicians” who misuse U.S. law to harbor criminal illegal immigrants.

“Time and again, we see sanctuary politicians and activist judges like Jose Cano protecting criminal illegal aliens – in this case, an alleged 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 the activist judge to a whole new level: having this illegal alien criminal live at home with him.”

“Ortega-Lopez, an alleged member of the Tren de Aragua gang who pleaded guilty to illegal possession of firearms and conspiracy to destroy evidence, should never have been released into the country by the Biden administration,” she said.

“This disgusting behavior is completely unacceptable and will no longer be tolerated under the Trump administration. We prioritize the safety of the American people.”

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Doña Ana County Magistrate Judge Joel Cano and TDA (United States District Court for the District of New Mexico/U.S. Immigration and Customs Enforcement/U.S. Immigration and Customs Enforcement)

A senior DHS official also told Fox News Digital that the agency “will not let the Democratic government shutdown stop our law enforcement officers from carrying out the critical mission of protecting our nation from the worst of the worst criminal illegal aliens.”

In January, federal agents were informed that Ortega-Lopez was living with other illegal immigrants at a property owned by Cano, who was still a judge at the time, and his wife.

Authorities seized four weapons during a search of the property on February 28.

The four guns, along with three cell phones belonging to Ortega-Lopez, were seized and he was arrested. During the search, Ortega-Lopez was allowed to make a phone call before being taken to the Doña Ana County Detention Center (DACDC).

He told officers the phone he wanted to use was not among the devices recovered. DACDC video calls later showed Nancy Cano holding a black iPhone believed to be Ortega’s fourth phone, prosecutors said.

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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 a person named “Michelle” via WhatsApp before facilitating a FaceTime call between Michelle and Ortega-Lopez using her personal phone.

During 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 Cano’s home to locate Ortega-Lopez’s missing phone. During questioning, Judge Cano admitted to 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 in a dumpster, according to U.S. Attorney General Pam Bondi.

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Left: The exhibit filed on March 13, 2025 in the case US v. Cristhian Ortega-Lopez appears to show the alleged TdA gang member having dinner with members of the Cano family. Right: Photo of Ortega-Lopez (U.S. District Court for the District of New Mexico; DHS)

A forensic analysis of the recovered phones revealed messages related to Ortega’s alleged criminal activities, including ties to the Tren de Aragua gang and images of him with guns, authorities said.

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Judge Cano resigned from his position in March and he and his wife were arrested on April 24. They were released on $10,000 bail and each face up to 15 years in prison for tampering with evidence and conspiracy to tamper with evidence.

Fox News Digital reached out to the Canos’ attorney for comment but did not immediately receive a response.

Audrey Conklin and Louis Casiano of Fox News Digital contributed to this report.