CNN — LOU DOBBS TONIGHT — Aired August 10, 2007 - 18:00 ET

KITTY PILGRIM, CNN CORRESPONDENT: Tonight there is more evidence that this country's failed immigration policy is allowing dangerous criminals into this country. An illegal alien out on bail for previous violent crimes is charged in the execution style killing of three college students in one of this country sanctuary cities. Allen Chernoff is in Newark, New Jersey with more.

Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Good evening Kitty.

A 28-year-old illegal immigrant from Peru, Jose Carranza, was charged and today pled not guilty to murder in the triple homicide of three college students here in Newark. After that case it was revealed to the public indeed Mr. Carranza has already been facing other criminal cases. In fact, these indictments are absolutely chilling. They detail the fact that according to the prosecution, he is charged with raping repeatedly a young girl, four, five and six years of age, when she was that young, and he did plead not guilty in that case and in fact he met bail on that case and another case where he is charged with assaulting four men with a bottle and chair. Total bail of $200,000. But it was only when this case actually came that authorities recognized Carranza was in the country illegally.

TOM MCTIDE, LEAD ASST. PROSECUTOR: We determined that this person was an undocumented alien as we were conducting the homicide investigation. We are going to leave it at that. The procedure is complex. Notifying the federal authorities.

CHERNOFF: The way it works here in New Jersey in terms of notifying the authorities, they are notified only after a person is convicted. Carranza has not been convicted.

We have a statement from the immigration and customs enforcement. "The Ice Law Enforcement Support Center was not contacted regarding prior arrests. We were notified yesterday and we immediately placed an immigration detainer on him."

There is a second person charged in this triple homicide, a 15- year-old Latino. He is in the country legally, we understand. Funerals for the three dead victims will be held tomorrow.

Kitty.

PILGRIM: Allan, a question, why would a judge allow an illegal alien, who is an obvious flight risk, to post bond? That's really the question here.

CHERNOFF: What authorities are saying here is that they believe Carranza was not a flight risk. He actually did appear at all of his court hearings. He did post the bail. Apparently he worked as a construction worker, had a fair amount of money. They say he wasn't a flight risk.

PILGRIM: Unbelievable. Allan Chernoff, thanks very much, Allan.

Well, Allan will join us with an update on this horrifying case. Jose Carranza is just one of hundreds of thousands of criminal illegal aliens living in this country. According to the Immigration and Custom Enforcement, there are currently 600,000 fugitive aliens and these are foreign nationals that have failed to appear for immigration hearings or have ignored orders to leave the country. Now of those fugitive aliens, 100,000 to 120,000 are also criminal aliens, like Jose Carranza. These criminal aliens have been convicted of local, state or federal crimes.