In a stunning admission, the director of Immigration and Customs Enforcement (ICE) admitted in Washington D.C. that Eswin Mejia of Honduras was a threat to public safety yet they did not hold him after his arrest in Omaha.
On Tuesday, Senator Ben Sasse confronted the department that allowed Mejia to walk free.
Police believe Mejia was driving drunk while street racing on January 31st ultimately causing the crash that killed root.
Mejia posted bond skipped out on alcohol monitoring and failed to show up in court multiple times.
Sarah Root's mother, Michelle Root said she's disappointed in ICE.
"It was our daughter that was taken and he was not here legally and something higher should have been done," said Root.
Root is searching for answers as to why 19-year-old Mejia was able to make bail and potentially skip town just days after the crash that killed her precious daughter.
"Where is he, he's nowhere to be found. My daughter been gone for 6 weeks and he's been on the run for 5--it's just I don't get it," said Root.
Senator Sasse questioned director Sarah Saldana about how this could have happnened. ICE admitted Mejia was a threat to public safety.
"Their admission is important because this situation raises serious questions about why they would let him go despite asked to detain him by the Douglas County police," said Sasse.
Omaha police had asked for an immigration hold on Mejia after the deadly wreck, immigration and customs rejected that.
"The Omaha police and the Douglas County police understood he was a threat to public safety, they sounded the alarm to immigration customs enforcement it should be their job to make sure they are advancing public safety," said Sasse.
"It is very hard for us to get to every inquiry that is made by law enforcement and unfortunately it had a horrible consequence here," said Saldana.
A consequence that is haunting the root family.
"It is very frustrating because as a parent especially as a mom, you protect your children, that's your job I couldn't protect her and I still can't protect her because he is on the run and justice needs to be served for her," said Root.
Sasse said he hopes to hear back from ICE by the end of next week on specific questions he's asked for.
Root is also hoping ICE answers questions as to why it took the death of her daughter to bring up this problem.