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Family demands action after 7-year-old’s death in DUI crash involving migrant who had prior arrest

A Texas family is fighting for justice after a 7-year-old girl was allegedly killed by an illegal immigrant in a drunk driving crash earlier this month.

Joel Gonzalez Chacin, 41, is charged with intoxication manslaughter in the death of Ivory Smith, a second-grader at Houston's Klenk Elementary School.

“We have so many fond memories of Ivory,” Collins told “Fox & Friends” host Steve Doocy.

“For us, she was a very cheerful star. She loved the spotlight. She loved dancing, she loved gymnastics. She had a YouTube channel. I'll just miss her when she's gone. She was always smiling, you know, and we didn't protect her, Texas law didn't protect her. It was.”

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Authorities say a suspected drunk driver crashed into their car, killing 7-year-old Ivory Smith and seriously injuring her mother. (GoFundMe)

Authorities confirmed to Fox News Digital that the 41-year-old immigrant was intoxicated at the time of the incident. T-Bone's Christina Smith and her daughter Ivory December 1st 2:45am.

Police said Chacin took photos of the accident scene “instead of helping” and then drove away. two victims It was just a few minutes from my house.

“Unfortunately, he didn't care. He didn't care that it was a mother and daughter in the car,” Collins said. “He caused harm. He didn't try to help. He didn't call for help. He ran away. He took pictures and tried to flee the scene.”

Fox 26 Houston reported that court records revealed Chacin had previously been incarcerated elsewhere. ICE hold He was arrested in June on suspicion of assaulting a family member and earlier this year.

The felonious assault charge against him was eventually reduced to a misdemeanor, and after pleading guilty, Chacin was sentenced to 113 days in prison, which he had already served, and was released the same day. His ICE detention was also lifted on the same day for unknown reasons.

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“We want the laws in Texas to be tougher,” Collins said. “When they make the decision to drink and drive, they are making a decision that could potentially result in them going to prison for a longer sentence, because when we are just driving home, Because they don't give us that option.”

“I should be able to get in my car. If we do everything right, Texans should be able to get in their cars and get home safely,” she continued. “We don’t have to worry about people drinking and driving on the road.”

A statement released by the family said the mother had been released from the hospital but “continues to endure physical and emotional pain” as a result of the accident.

“My niece lost her only child. Her father lost his only daughter,” Collins said. “Our family lost Ivory, who was loved by everyone in the family. She was one of the youngest in the family. We just want justice.”

“We're trying to change these laws because it's not fair. As you say, it's 12 days until Christmas, and instead of trying to celebrate Christmas, we're planning funerals. ” she continued.

Fox News' Peter Pinedo and Sarah Rumpf-Whitten contributed to this report.

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