Biden admin gave protected status to Honduran man later charged in child rape and torture case of niece

The uncle of a Honduran girl smuggled into the United States who was allegedly beaten, raped and tortured by him and a pair of illegal immigrants who "rescued" her was also her sponsor and was granted temporary protected status (TPS) by the Biden administration, authorities said Friday. 

Felix Bustillo Diaz, a 49-year-old criminal illegal alien from Honduras, and Jose Gerber-Rivera, a 45-year-old Salvadoran national, are accused of raping the girl, who is Bustillo Diaz's grandneice. The pair were arrested in the Houston area. 

"The conduct uncovered in this investigation was both disturbing and inexcusable," said Homeland Security Investigations Houston Special Agent in Charge Chad Plantz. 

"Our agents and partners worked tirelessly to ensure these individuals are brought to justice and held fully accountable for their crimes. HSI puts the safety and security of the victims as our highest priority."

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Rivera was taken into custody with assistance from the Montgomery County Constables office in The Woodlands, Texas Nov. 4, and Bustillo Diaz, who has been detained by U.S. Immigration and Customs Enforcement (ICE) for immigration violations at the Montgomery Processing Center, was transferred into the custody of the Harris County Sheriff's Office.

The girl was smuggled into the U.S. by her mother during the Obama administration and was left alone with Bustillo Diaz, her sponsor, authorities said. 

Bustillo Diaz was granted TPS in 2024 despite a criminal record. His TPS has since been revoked. 

The girl at one point escaped from Bustillo Diaz with help from Brenda Garcia, 38, and Tania Garcia, 37, both Houston-area residents who falsely told her they were rescuing her, authorities said. Instead, they allegedly zip-tied her, beat, tortured and starved the girl. 

They also allegedly forced her to perform manual labor for them. 

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The girl said the sisters beat her, starved her and restrained her. According to court documents, she was bound with zip ties at night and, at times, tied to a chair for "stealing food."

She also told police that Brenda Garcia took nude photos of her and wrapped her hands around her neck, strangling her while saying, "Just die already," Fox News Digital previously reported. 

She also told detectives she was hit with cables and a belt with a spike on it until she bled. Her mattress was taken away, and she was only allowed to sleep on a tablecloth on the floor while restrained, according to court documents.

Brenda Garcia also allegedly took photos and video of the girl as she showered and would call her names, prosecutors said. The child eventually escaped her restraints on Sept. 28. 

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Both women were arrested Oct. 3 on suspicion of felony injury to a child, unlawful restraint and invasive visual recording.