A Michigan federal judge appointed by former President Barack Obama is facing intense criticism from the incoming Trump administration and conservatives for her decision to impose no additional prison time on an illegal immigrant convicted of raping a woman with cerebral palsy—and for praising him during sentencing.
Obama-appointed Judge Judy Levy and illegal alien Edys Renan Membreño Díaz from Honduras
Edys Renan Membreño Díaz, a 30-year-old Honduran national who illegally entered the United States at least seven times after prior deportations, pleaded guilty in 2022 to raping and sodomizing a vulnerable woman with cerebral palsy and cognitive delays. He dragged her into the laundry room of her apartment building during the assault and is currently serving a 6- to 15-year state prison sentence, with possible release as early as July 2028.
In a separate federal case for illegal re-entry, where prosecutors sought an additional 19-24 months, U.S. District Judge Judith Levy sentenced him in August 2024 to time served (about five months) plus a fine. She openly commended Díaz for his “family devotion,” his willingness to take low-wage jobs, and his potential to serve as an “ambassador for living up to our immigration restrictions” by warning others in Honduras against illegal entry.
Kevin Kijewski, who is running for the Republican nomination for Michigan Attorney General, warns in an op-ed he shared with the Gateway Pundit that judicial activism is threatening the security of our border:
Judicial Activism Undermines Border Security: A Detroit Ruling Exposes the Crisis
As a Republican candidate for Michigan Attorney General, nothing angers me more than seeing our justice system fail the most vulnerable among us. A recent federal court decision in Detroit exemplifies this failure. U.S. District Judge Judith Levy, an Obama appointee, declined to impose additional prison time on Edys Renan Membreño Díaz, a Honduran national who illegally re-entered the United States at least seven times. Díaz had been convicted in state court of serious crimes, yet Judge Levy praised him as a potential ambassador for migrants and opted against consecutive sentencing for his repeated illegal re-entries.
Obama-appointed Judge Judy Levy
Judge Levy’s outrageous ruling, issued on December 12, reveals a clash between activist judges and federal efforts to secure our borders. Prosecutors sought up to two additional years under 8 U.S.C. § 1326, but the judge imposed only time served – about five months – concurrent with his state sentence. The Department of Justice has appealed, arguing it undermines enforcement. Díaz could be released as early as July 2028, followed by deportation, having evaded full consequences for his violations.
This isn’t justice – it’s judicial overreach that erodes public trust and border security. As Michigan’s next Attorney General, I will champion strict immigration law enforcement, partner with ICE under President Trump’s administration, and ensure accountability that puts American citizens first.
The core problem is recidivism in illegal re-entry. Díaz’s seven entries since at least 2019 demonstrate that prior deportations failed to deter him. Nationally, U.S. Customs and Border Protection data show recidivism rates reached 27% in fiscal year 2021, meaning over a quarter of apprehensions involved repeat crossers. While southwest border encounters have dropped sharply – to about 47,330 between ports of entry in December 2024, per CBP’s latest update—the persistence of repeat offenders strains resources and signals inadequate deterrence.
Federal law rightly treats aggravated illegal re-entry seriously, with penalties up to 20 years under 8 U.S.C. § 1326(b) for those with prior convictions. Yet downward departures, like in this case, where guidelines favored consecutive time, send a message that consequences are negotiable. The DOJ’s appeal aligns with renewed border security priorities of President Donald Trump to protect Americans.
Broader statistics highlight risks from criminal noncitizens. CBP’s FY 2024 data report thousands of encounters with individuals having prior criminal convictions, including serious offenses. In Texas – the only state tracking immigration status in arrests systematically – Department of Public Safety records from 2011 through late 2025 show over 334,000 illegal immigrants charged with more than 592,000 offenses, including thousands for homicide, assault, and sexual crimes. While debates persist on overall immigrant crime rates, the presence of criminal noncitizens underscores dangers when enforcement weakens.
As of mid-2024, ICE reported over 662,000 noncitizens with criminal histories on its national docket (including non-detained), many with serious convictions. Lenient rulings counteract intensified enforcement, including record removals.
As Michigan’s next Attorney General, I pledge to aggressively support federal deportation of criminal aliens, challenge judicial activism weakening immigration laws, prioritize prosecuting public safety threats, and collaborate with ICE and Border Patrol.
Border security is national security. Repeat illegal entries are not victimless – they burden taxpayers, overload law enforcement, and endanger communities when offenders re-enter.
This case is symptomatic of a flawed system. We must enforce laws as written, impose real consequences to deter recidivism, and prioritize Americans. Let’s secure our borders and restore the rule of law. Together, we’ll make Michigan and America safe again.
Kevin Kijewski hopes to replace Michgan’s current radical Democrat activist Attorney General Dana Nessel, who has earned the title of Michigan’s Lawfare Queen.
Kevin Kijewski is an attorney in Birmingham, MI, who is seeking the Republican nomination for Michigan Attorney General. He was previously endorsed by the Gateway Pundit. You can follow him on X (formerly Twitter) using @KevinKijewski or visit kevinformi.com to learn more about his campaign.