California’s sanctuary rules turned an international MS-13 murder suspect into a local public-safety problem—until ICE finally caught up with him in San Diego.
Story Snapshot
- ICE arrested David Antonio Aviles Perez, a 35-year-old MS-13 suspect nicknamed “the witch,” in San Diego as he faces extradition to El Salvador.
- Authorities say Perez was wanted for a 2014 gang execution in El Salvador and had an outstanding warrant tied to a 20-year sentence.
- Perez was previously convicted in California after a 2023 machete assault on a homeless man in Monterey, yet he was released rather than transferred to federal immigration custody.
- The case is fueling renewed criticism of California’s 2017 sanctuary law (SB 54) and fresh debate over state refusal to cooperate with federal detainers.
ICE Arrest in San Diego Puts “The Witch” Back on the Extradition Track
ICE agents arrested David Antonio Aviles Perez in San Diego, identifying him as an MS-13 figure nicknamed “the witch” who was wanted in El Salvador for an alleged 2014 execution-style killing. The reporting describes the victim being forced to kneel before being shot multiple times. Officials said Perez now awaits extradition to El Salvador, where he reportedly faces a 20-year sentence. Public reporting does not provide a precise arrest date, only that it was recent.
The immediate takeaway is straightforward: a man described as both a transnational gang member and an international fugitive was living in California long enough to be convicted in a violent assault case, then released into the community before federal agents later rearrested him. That sequence is the heart of the political argument now resurfacing—whether “sanctuary” policies protect everyday residents, or whether they create gaps that sophisticated criminal networks can exploit.
How a 2023 Machete Assault Conviction Still Ended in Release
Authorities say Perez was convicted after a 2023 machete attack on a homeless man in Monterey, California. After that conviction, he was not turned over to ICE, and reporting ties that outcome to California’s sanctuary framework, specifically SB 54, which limits when local jurisdictions can cooperate with federal immigration detainers. Supporters frame those limits as preventing overreach and protecting non-criminal residents; critics argue violent offenders should be the clear exception.
This case is politically potent because it sits at the intersection of two competing obligations: the state’s chosen limits on cooperation with federal immigration enforcement, and the federal government’s responsibility to remove or detain certain non-citizens—especially those tied to serious crime or outstanding foreign warrants. Public statements cited in reporting argue the release put neighborhoods at risk. Even without accepting anyone’s rhetoric, the timeline raises a basic question: why wasn’t a violent offender flagged for a tighter handoff?
Sanctuary Policy vs. Federal Enforcement: The Friction Point
California’s SB 54 is frequently described as a “sanctuary” law because it restricts how state and local agencies assist federal immigration enforcement. In practice, that can mean local agencies decline to hold inmates beyond their release date for ICE, depending on the person’s record and the jurisdiction’s interpretation of the law. The Perez case is being presented as an example of how those restrictions can collide with federal priorities targeting criminal non-citizens.
Attorney General Pamela Bondi and other federal officials cited in reporting argue sanctuary policies impede enforcement and increase risk to citizens. Those are arguments, not courtroom findings, and the available research here does not include California officials’ response in this specific case. Still, the underlying mechanics are not disputed in the reporting: Perez was processed by the California system after the Monterey assault, then was later arrested by ICE—meaning there was a window where he was not in federal custody.
MS-13’s Track Record Makes Policy “Gaps” a High-Stakes Issue
MS-13’s reputation for brutal violence is part of why these cases draw intense attention, especially from voters who watched Washington excuse broken borders for years under “compassion” language. The research notes the gang’s roots in Los Angeles and its evolution into a transnational network tied to extortion and killings. When a jurisdiction’s policies reduce cooperation between agencies, the risk is not theoretical: it can leave enforcement to later manhunts instead of controlled transfers.
Related reporting highlights other ICE actions, including a Nebraska operation targeting an MS-13 suspect described as a “Top 100 Most Wanted” fugitive in El Salvador and an associate linked to murder orders and drug crimes. That Nebraska case is separate from Perez, but it illustrates the broader federal focus on removing high-threat gang figures. With limited details available beyond these reports, the public is left with an uneasy reality: states can restrict cooperation, but the consequences land on local communities first.
What the Case Means for Public Safety and Constitutional Governance
For conservative readers, the frustration isn’t just about one arrest—it’s about whether government is performing its most basic job: protecting citizens and enforcing the law consistently. Sanctuary limits effectively reshape enforcement priorities without federal consent, raising questions about democratic accountability and how far local governments can go in refusing cooperation. The research also suggests ongoing federal-state friction, including legal challenges aimed at restoring a clearer pathway for ICE to take custody of violent offenders.
With Perez now in custody and extradition pending, the policy debate will likely sharpen rather than fade. The available reporting does not establish every detail readers would want—such as the precise dates of release and rearrest, or how officials weighed the foreign warrant during the Monterey case. But the core sequence is clear enough to matter: California processed a machete assault conviction, and federal agents later had to recover a man described as an MS-13 executioner wanted abroad.
Sources:
Machete-wielding MS-13 executioner known as ‘the witch’ captured by ICE in San Diego
Violent MS-13 kingpin wanted for murder of five people was arrested in Nebraska



