The case of Gabriel Calixto, a Deferred Action for Childhood Arrivals (DACA) recipient who was released from prison early and later allegedly committed murder, has reignited debates over the inclusion of DACA recipients in the recently passed Laken Riley Act. Victim Katie O’Brien, who survived a 2018 kidnapping by Calixto, has strongly supported measures that deport DACA recipients who commit violent crimes.
O’Brien’s ordeal, along with the tragic murder of Emma Shafer, has brought attention to what many see as loopholes in the system that allow dangerous individuals to avoid deportation and re-offend.
Background of the Case
Gabriel Calixto was granted DACA status at the age of 15, which allowed him temporary protection from deportation despite his undocumented status. However, in 2018, he was convicted of kidnapping Katie O’Brien after a violent incident where he held her hostage in a motel with a noose and knife. Despite this conviction, Calixto was released early for good behavior and reportedly worked with Illinois Senator Dick Durbin during his time in prison.
O’Brien expressed frustration that after his release, Calixto avoided deportation and later went on to allegedly murder Emma Shafer in 2023. Following this incident, he is believed to have fled to Mexico, leaving behind a trail of unanswered questions about why the system failed to prevent such crimes.
The Laken Riley Act
The Laken Riley Act, named after a 22-year-old Georgia student murdered by an undocumented immigrant, was designed to tighten immigration policies. The bill mandates that Immigration and Customs Enforcement (ICE) detain undocumented individuals, including DACA recipients, who are arrested for crimes ranging from theft to violent offenses.
Illinois Senator Dick Durbin has been vocal in his opposition to the bill, filing amendments to exclude DACA recipients. He argued that the law could unfairly target “dreamers” for minor offenses, such as shoplifting, in the same way it targets those convicted of violent crimes like murder or domestic violence. However, the bill passed the Senate without Durbin’s amendments and now moves to the House for reconciliation.
Victim’s Perspective
Katie O’Brien believes that deporting DACA recipients who commit violent crimes should be a clear priority for the government. “For me, theft is neither here nor there—you shouldn’t steal, but you’re not hurting anyone specifically,” she said. “But violent crimes like domestic violence, sexual violence, kidnapping, murder—those things, I think, definitely deserve deportation. Why would we want those kinds of people in our country?”
O’Brien shared her concerns about Calixto’s early release and his apparent ability to avoid deportation after serving time for kidnapping. She said her family repeatedly contacted authorities to track his whereabouts after Shafer’s murder but received no satisfactory answers.
Calixto’s social media posts have also raised eyebrows, including one where he shared a photo with Senator Durbin and thanked him for his support of the immigrant community. Critics have questioned whether Calixto’s connections played a role in his early release and ability to evade ICE enforcement.
Concerns Over Media and Law Enforcement
O’Brien also criticized the lack of media coverage surrounding Shafer’s murder and Calixto’s escape. “For being a murderer and not finding the murderer, nobody was really talking about it,” she said. This lack of attention has left victims’ families feeling unsupported and frustrated with the system.
Additionally, O’Brien raised concerns about how Calixto managed to flee despite modern tracking technologies. She pointed out irregularities in his family’s financial behavior and questioned how authorities failed to apprehend him despite receiving tips within hours of Shafer’s murder.
What’s Next?
The debate over the Laken Riley Act continues as the bill moves to the House. Supporters argue that stricter measures are necessary to prevent tragedies like these, while opponents worry about the potential for overreach and unintended consequences.
For O’Brien and others like her, the priority is clear: ensuring that individuals who pose a danger to society are not given a second chance to harm others.
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