Posted on January 23, 2024

Mom Whose Daughter Was Raped and Murdered by an MS-13 Gang Member Files $100 Million Lawsuit against the Feds

Alex Hammer, Daily Mail, January 21, 2024

A mourning mom whose daughter was raped and killed by an MS-13 gang member in 2022 has filed suit against feds alleging they failed to stop him at the border.

The lawsuit names both the Department of Homeland Security (DHS) and Department of Health and Human Services (DHHS) as defendants, and demands $100million in damages.

It was filed by Tammy Nobles and her attorney this week, roughly a year and a half removed from the incident in question.

Allegedly occurring in July of 2020, it saw Nobles’ daughter, 20-year-old Kayla Hamilton, strangled with a phone cord by the then 16-year-old suspect.

Kayla Hamilton

Kayla Hamilton

The lawsuit alleges both agencies failed the woman by letting in the unnamed El Salvadoran, after not verifying his status with a phone call, and allowing him to be placed in a holding facility.

They also failed to find the damning gangland tattoos said to have been on the perp’s person, before ultimately neglecting to confirm a verified sponsor for him.

As a result, the suspect ran away and ended up as Hamilton’s roommate in a trailer home in Maryland, after allegedly subleasing from another illegal.

Appearing before NewsNation in an emotional interview, she and her lawyer laid bare some of the contents in the newly filed lawsuit.

‘Nobody at the border did their job and checked his background’, she told the station Sunday, claiming if the federal government had properly screened the suspect, they would have realized he was a known member of the gang, disqualifying him from coming the US.

Most importantly, without the oversight, she said her daughter would still be alive – with her attorney claiming that both the DHS and DHHS have blood on their hands.

‘I want everyone to know what is going on at the border,’ she continued, weeks after a record 300,000 migrants entered the country in a single month in December.

‘I had no clue what was going on before my daughter was brutally murdered and raped – but I do now.

‘And I’ve found that the story is just so mind-boggling, how nobody at the border did their job and checked his background.

‘All they had to do was make one phone-call to El Salvador to know that he was an MS-13 gang member on the list,’ she went on.

‘It’s just crazy how he got from Texas all the way to Maryland, to be in the same trailer as my daughter.’

Interviewer Natasha Zouves proceeded to ask the audibly emotional mother how she was doing, and how she and the rest of her family had been surviving the ordeal.

Appearing via videolink, she answered: ‘The only thing that I can come up with is that God is helping me along this path.

‘Nights are really bad – you’re just left with your thoughts.’

She continued, before eventually tearing up: ‘I try not to think about what Kayla went through that day, what she was thinking those last minutes of her life.’

Claiming that such thoughts would ‘break’ her before their all-important federal trial – slated for June 18 – she explained how there, she hopes to hear all of the painful details surrounding her late daughter’s ultimate ordeal.

She conceded that it will be really difficult to see photos and hear testimony from cops who investigated the crime, but said it is something she still needs to do.

‘I want to know what happened to her.’ Crying, she added: ‘I want to know, you know, a lot more than I do now.’

Brian Claypool, the family attorney, explained why they believe the federal government is at fault.

‘We’re bringing this lawsuit because we’re tired of being held hostage in our own country. We’re tired of DHS playing Russian roulette with our lives, [and] with Kayla’s life,’ the jurist explained.

‘That’s why we brought this case. We’re alleging that two federal agencies [DHS and DHHS], catastrophically failed Kalya… and are failing everybody.

Echoing previous comments from Noble, he added: ‘This could happen anywhere, to anybody.

‘The DHS just needs to be held accountable,’ he went on. ‘All they had to do was follow their own protocol.

‘Lift the t-shirt of the 16-year-old young man that was trying to enter the border,’ he said,'[and] they would have seen a gang-related tattoo.

‘And guess what. That would have disqualified him from entering this country. He should have been sent back at that very second to El Salvador.

But it allegedly gets worse, Claypool continued.

‘As Tammy said, secondly, all they had to do was pick up the phone, make a phone call, and guess what – on the list in El Salvador, was this young man. Because he was arrested iun July 2020, for being involved in an illicit MS-13 Gang.

‘He would have been disqualified, again, for ever entering the country.’

The lawyer went on to explain how the crime is even more serious, due to the failings of the DHHS..

‘DHHS, Health and Human Services, was responsible for putting them in a holding facility for a couple of days, and then making a phone call and confirming that this young man had what’s called a verified sponsor – a relative, a known verified relative,’ he explained.

‘Even though DHS let him in, he still can’t get in the US – unless he is going to a known relative. Well, they blew it too. And they’re going to pay the price, because he runs away by the way, after going to this “alleged” verified sponsor.

‘And then it gets even worse,’ he said again, ‘when [the suspect] end[ed] up at this trailer home as a roommate with lovely Kayla, that was leased out by another illegal immigrant.’

Growing increasingly animated, he concluded: ‘So, we’re done with this. The federal government has blood on its hands. They owed us a duty to protect Kayla and others in this country, and we’re going to bring change through this lawsuit.’

Hamilton, meanwhile, was raped and strangled to death on July 27, 2022.

Officers had been called to a mobile home at the Rancho Estates for a suspected cardiac arrest victim, but instead found Hamilton’s body.

Police arrested the suspect on January 15, 2023 after comparing his DNA to evidence from the crime scene. The 16-year-old El Salvador native, was charged with first-degree murder, as well as rape and robbery.

U.S. Immigration and Customs Enforcement confirmed the suspect was listed as a member of Mara Salvatrucha, known as MS-13.

The Aberdeen Police Department said Hamilton had just moved into the city to live with her 22-year-old boyfriend before her gruesome murder, which also came just three days after her birthday.

House Judiciary Committee Republicans launched a probe into her rape and murder, criticizing the Biden administrations’ ‘open border policies.’

U.S Reps. Jim Jordan and Tom McClintok demanded the Health and Human Services Department answer for the death of Hamilton.

After the attack, Jordan slammed Biden directly in a tweet criticizing his alleged inaction amid reports of the border crisis’ impacts.

Summing up the news, Jordan wrote: ‘Unaccompanied alien minors working brutal jobs across the country. MS 13 gang member kills Maryland woman. Fentanyl being smuggled across the border.

‘But for some reason, Joe Biden continues to ignore the border crisis.’

When asked what the hardest part of the past 18 months has been, Nobles tearfully said: ‘The hardest part is that it could have been prevented.

‘I could still have my daughter, if they just would have done their job.’

She will argue her case before a federal judge in June.