A 3-year-old girl was killed waiting in line to buy ice cream in California – and the suspect is an illegal immigrant, Trace Gallagher reported today.

Authorities say that 18-year-old Adolfo Balbuena, who does not have a driver’s license, was drunk when he drove his Chevy through a fence, hitting a crowd of people who were waiting in line at an ice cream truck.

Angeles Moreno, 3, was killed. Three others were hurt, including an 8-year-old and a 16-year-old.

Despite a number of witnesses, authorities say Balbuena backed up and fled the scene. He then allegedly drove home and had his brother take him to another location, but was arrested a short time later.

Balbuena just turned 18, so any criminal record in the past has been sealed.

Critics say the Obama administration has cut back enforcement of immigration laws against illegal immigrants with DUI and identity theft convictions.

One ICE attorney has even filed a discrimination lawsuit against the Department of Homeland Security which alleges that she and her colleagues were told to use prosecutorial discretion with illegal immigrants who have old DUI convictions.

When she challenged her boss about an illegal immigrant with a criminal record, she claims she was told to "let it go."

The DHS is reviewing the allegations.

For more on this story, watch the video above.