Senator Charles Grassley, R-Iowa, is demanding answers as to whether the suspected murderer of three people, including a reality TV star, was allowed to stay in the U.S. under President Obama’s Deferred Action for Childhood Arrivals program.

Emmanuel Jesus Rangel-Hernandez, a known gang member, was arrested for the murder of Mirjana Puhar, 19, and two other people in Charlotte North Carolina.

Grassley said he has a source that claims Rangel-Hernandez was allowed to stay in the U.S. under President Obama’s DACA program. This would make Rangel-Hernandez a so-called DREAMer and the case is re-igniting concerns over the controversial program.

Grassley sent a letter to authorities at the Department of Homeland Security demanding answers about the immigration status of Rangel-Hernandez.

Grassely is still awaiting a response.

In the meantime, Judge Napolitano sat down with Megyn Kelly on the “Kelly File” to talk about the constitutional consequences of the case.

The DREAMer program (named after the failed immigration reform bill titled “Development, Relief and Education for Alien Minors”) was imposed by executive fiat via the president and was not legislated by Congress – a fact that doesn’t sit well with Judge Napolitano.

Kelly wanted to know how much officials knew about Rangel-Hernandez’s criminal activities and if the president would be held accountable if he was indeed allowed to stay under the DACA program.

“Even under the president’s DREAMer program, if you are in a gang, if you’re a known gang member, you don’t qualify [for the program],” Kelly said.

“If he was in a known gang and was allowed to stay here under deferred action, then the administration screwed up,” she said.

Napolitano agreed but wasn’t going to let Congress get off that easy.

“When the president writes the laws and the Congress does nothing about it, and the whole government apparatus follows the president’s newly-written law the way he wants it to be, Congress is as much to blame as the president,” he said.

“We should not accept this sitting down.”

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