DOJ issues arrest warrant in Kate Steinle case for Zarate

This is a rush transcript from "Your World," December 1, 2017. This copy may not be in its final form and may be updated.

NEIL CAVUTO, "YOUR WORLD" HOST: All right, we're getting news right now that the Justice Department is going to be filing a warrant for Jose Ines Garcia Zarate in the case of the Kate Steinle death.

Remember that a jury essentially let him off scot-free in that murder that goes back a couple years ago, first of all, claiming that it wasn't a murder, and that it was accidental.

And that did not fly well with a number of immigration enforcers who say that his being here prompted her death in the first place, shouldn't have been here. She's dead. Her family is outraged, and, right now, this move on the part of the Justice Department to arrest him.

First on Fox is the acting ICE Director Thomas Homan.

Director, very good to have you, sir. What did you think of this, this move, first off, on the Department of Justice?

THOMAS HOMAN, ACTING U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT DIRECTOR: Well, I was on the phone last night with representatives from the Department of Justice on this very issue.

Look, I was sickened by what I heard last night and the verdict. These sanctuary cities have got to be held accountable. This person needs to be held accountable.

So, I was on the phone last night with the Department of Justice trying to do whatever we could, as a federal government, to hold this person responsible.

CAVUTO: All right, he was -- U.S. immigration officials originally, sir, were looking at getting him deported back to Mexico.

Then, all of a sudden, this move on the part of Justice. Who has authority here?

HOMAN: Well, we want him prosecuted further. So, he will be deported to Mexico when we're done prosecuting him. But we want to hold him accountable for his crimes first.

So let him spend some time in prison. Then, when he's done there, we will deport him to Mexico. There's no doubt about that.

CAVUTO: All right, so you're both on the same page.

And the fact that they originally wanted to deport him, you're saying, yes, deport him but, not before we deal with him?

HOMAN: Absolutely.

That's why we spent a lot of time last night on the phone working together on how we can hold this criminal responsible and how we can ensure that he gets removed from this country, with no help from San Francisco, by the way.

CAVUTO: Yes, what happened in this case? What fell through?

In the end, it was deemed, she died. He even said, you know, it's because of me, but it wasn't intentionally because of me.

Explain what happened. What fell through?

HOMAN: What fell through is, the city of San Francisco, a so-called sanctuary city, ignored our request to turn this person over to us. He should have been in Mexico, rather than killing this young lady.

The city of San Francisco knew he had a criminal history. They knew he had seven prior felony convictions. They knew he was in the country illegally. They knew that we requested to turn him over to us, so we could remove him from the country.

They ignored all of that and released him back in the community, releasing a public safety threat back into the public. It was just wrong. It was stupid.

CAVUTO: All right. So when San Francisco says its sanctuary city policies had nothing to do with that, you say?

HOMAN: Sanctuary city policy had everything to do with this.

They knowingly released a public safety threat that was here in the country illegally back into the community, rather than turning him over to ICE, so we can deport him. Sanctuary city policy is the reason this young lady is not with us today.

CAVUTO: The family was obviously shocked, very disappointed. Many, many others were as well.

The president tweeted on this earlier today as an opportunity to once again look at this idea of building a wall. How do you feel about that?

HOMAN: I'm 100 percent behind building the wall. Let me tell you something about President Trump.

Since he's been in office, he's allowed ICE and the Border Patrol to do our jobs. The numbers just came out a few days ago that the illegal crossings on the border are at a 45-year low. That's not a coincidence. That's because this president has let the officers do their jobs.

The wall worked when they built it in San Diego. It worked when they built it in Arizona. It worked when they built it in certain parts of Texas. Every place they have built the wall, it worked. The numbers dropped significantly in illegal crossings.

Why would we not want the wall?

CAVUTO: Director, I was thinking, knowing you were coming here, when I heard how this was characterized by the defense attorney, Matt Gonzalez, who said that Zarate ultimately was not guilty of murder and assault with a firearm in the Steinle case, but was of having a possession of a gun. And for that, he will be sentenced, I guess, at a future date.

But here's what I want you to react to here. When Gonzalez said -- and I quote -- "For those who might criticize the verdict, there are a number of people who have commented on the case in the last couple of years," referring to the attorney general of the United States, the president and the vice president.

"Let me just remind them," he goes on. "They are themselves under investigation by a special prosecutor in Washington, D.C."

What did he mean by that?

HOMAN: You know, he's comparing apples and oranges.

He's trying to lessen the injustice that occurred within his hands. This person was in the country illegally. Entering this country illegally is a crime in itself.

He was convicted of seven other felonies. He should have been removed from the country. Sanctuary city policies, they're a threat to the public safety, as we can see. Any sanctuary city policy saying we're going to protect the public safety, this improves public safety, Kate Steinle is an example.

It doesn't work. It threatens public safety. It threatens officer safety. And by sending this message that we're a sanctuary city and we're not going to work with ICE, they're enticing more people to enter this country illegally, enticing more people -- this person himself, this alien said he was in San Francisco because he knew it was a sanctuary city, and he would be shielded from immigration.

San Francisco is going to be in a lot of trouble the next few years, because more and more aliens are going to work their way to sanctuary cities.

Now, if they don't think that alien smugglers down in Central America and South America and Mexico isn't using sanctuary cities as a selling point, they certainly are.

You better believe they're selling it. I will get you into the United States, I will get you to San Francisco. And even if you get arrested, we are not going to turn you over to ICE.

That's a big selling point. Sanctuary cities are any smuggler's best friend.

CAVUTO: And they're not changing any policy now, as you know.

Director, thank you very, very much, Thomas Homan, the acting ICE director in Virginia. Thank you, sir.

HOMAN: Thank you, sir.

CAVUTO: Thank you.


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