An illegal immigrant driving drunk and without a license crashed through a fence Sunday, hitting and killing a 3-year-old girl as she was waiting in line for ice cream in Porterville, California.

Adolf Balbuena, 18, mowed down the toddler, Angeles Moreno, as she and several others, including an 8-year-old boy, were waiting line at an ice cream truck.

After hitting Moreno, Balbuena backed up and drove away. He was arrested at his home around an hour later, the Fresno Bee reported.

Initial reports did not state Balbuena’s immigration status, but KMPH reported on Tuesday that he is an illegal immigrant from Mexico. Though the local district attorney is handling the case, U.S. Citizenship and Immigration Services will ultimately decide whether he will be tried in the U.S. or deported back to Mexico, the TV station reported.

Both the Fresno Bee and KMPH noted this was the third hit-and-run to have occurred in the San Joaquin Valley in the past few months.

The Obama administration has cut back on enforcing immigration laws against illegal immigrants with DUIs on their record.

A case that The Daily Caller reported on Monday highlights the policy change. (RELATED: Lawsuit: Obama Administration Immigration Officials Pressured Attorney To Overlook Illegal Alien DUIs And ID Thefts)

Patricia Vroom, a 26-year Immigration and Customs Enforcement attorney, filed suit against Department of Homeland Security Sec. Jeh Johnson alleging, among other things, that she was forced to relax immigration enforcement against illegal aliens with DUIs and voter ID thefts on their record.

The Obama administration has pushed heavily for relaxed enforcement of immigration laws by increasing what is known as prosecutorial discretion.

Vroom alleged that on Sept. 17, an ICE director named Jim Stolley told a group of agency attorneys that “they should favorably exercise prosecutorial discretion in some cases involving low-level criminal aliens, including those who had ‘old’ DUI convictions, if they had enough equities.”

After some of the attorneys pushed back against the suggestion, Stolley allegedly said “we don’t give a shit about that. Let it go.”

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