FIRST ON FOX: Democratic U.S. Senate candidate James Talarico is being ripped by critics accusing him of making a "disgusting" decision to be absent during a vote on a Texas bill to automatically deny bail to illegal immigrants charged with violent felonies after a local preteen was strangled to death.
As a member of the Texas House of Representatives in 2025, Talarico was absent during the final voting on a bill dubbed by state lawmakers "Jocelyn's Law," in honor of slain Houston preteen Jocelyn Nungaray. The measure, which would have added a Texas constitutional amendment to deny bail to illegal immigrants charged with violent felonies, ended up failing due to lack of bipartisan support.
Before being absent for the final vote, Talarico voted against killing two amendments to the bill that would have exempted immigrants present in the country on humanitarian parole, an order of supervision, a pending green card application, trafficking or Violence Against Women Act victim protections, visa extension applications, deferred action or Temporary Protected Status.
He is now taking flak over his absence as he runs for U.S. Senate in one of the states most impacted by illegal immigrant crime. Nungaray, 12, was sexually assaulted and killed, allegedly by two Venezuelan illegal immigrants, in a Houston neighborhood in June 2024.
Zach Kraft, a spokesperson for the Republican National Committee, slammed Talarico for what he said amounts to helping to kill the bill, saying, "It is disgusting that James Talarico is letting his anti-American agenda show by siding with a violent illegal over a Texas family."
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Kraft told Fox News Digital that Talarico's alleged opposition to the bill has "once again … proven his priority is criminals, not the safety of Texans."
JT Ennis, a spokesperson for Talarico's campaign, pushed back on this, telling Fox News Digital that "James is a law and order Democrat who supports prosecuting violent felons, and has a proven track record voting for tighter bail laws for violent offenders and voting repeatedly to increase funding for Texas police."
Ennis added that "while [incumbent Sen.] John Cornyn, [challenger Texas Attorney General] Ken Paxton, and the billionaires who prop them up lie about James' record, he will continue standing up against both political parties to fix this broken, corrupt political system."
Texas bore much of the brunt of the border crisis during the Biden administration.
Prosecutors say Nungaray was abducted, sexually assaulted and strangled. Her body was later found in a creek drainage area. Two men, Johan Jose Martinez-Rangel and Franklin Jose Peña Ramos, both Venezuelan nationals illegally present in the U.S., have been charged with capital murder in the case.
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Before Nungaray's killing, the men were encountered by U.S. Border Patrol near El Paso, Texas, in early 2024. However, they were released on their own recognizance under the Biden administration into the U.S. The murder happened just months after their illegal entry.
According to data gathered by the House Homeland Security Committee toward the end of the Biden administration, there were more than 10.8 million border encounters and roughly two million known gotaways under former President Joe Biden.
Against this backdrop, Talarico has been criticized as soft on crime and pro-defund the police, the latter of which he has denied as a "flat-out lie."
During his time in the Texas House, he has also voted against the Damon Allen Act, a bill that restricted bail for certain offenders named in honor of Texas state trooper Damon Allen, who was killed by a career criminal out on bail. In 2021, he also voted against a proposed constitutional amendment that would deny bail for anyone accused of violent sexual offenses or trafficking.
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On the immigration issue, Talarico has taken heat for saying in 2019 that "undocumented Americans" are "also my constituents."
In a graphic put out by United We Dream, an activist group that supports abolishing U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection, Talarico encouraged people not to open their doors to federal immigration agents. He instructed people not to sign any documentation without an attorney and to "fight back."
Fox News Digital's Leo Briceno and Alexandra Koch contributed to this report.
