Robert Mickens, whose 15-year-old daughter Nisa was tragically murdered in a 2016 MS-13 attack, has voiced his outrage over the plea agreement offered to the gang leader responsible for orchestrating her death and six other killings. The deal, secured by federal prosecutors just days before President Biden's departure from office, has sparked controversy and left Mickens feeling deeply betrayed.

"Offering a plea deal to someone involved in taking a life is simply unacceptable," Mickens expressed in an interview with Fox News. He views the decision as a grave injustice to his family and other victims' families, forcing them to endure the pain of knowing the perpetrator escaped the harshest possible penalties. Mickens directly attributed the plea deal to President Biden and expressed his disappointment, though not surprise, at the administration's actions.

The plea agreement, overseen by outgoing Attorney General Merrick Garland, allows 28-year-old Jairo Saenz to avoid both the death penalty and life imprisonment. Saenz's sentence is expected to range from 40 to 60 years. This leniency has drawn sharp criticism, particularly given the brutality of the crimes. Days after Saenz's deal, several other MS-13 members received similar agreements in a separate racketeering case involving nine murders.

Nisa and Robert Mickens in an undated family photo. (Courtesy of Robert Mickens)

"This plea deal is a slap in the face to all the families who must live with the grief of losing their loved ones to this horrific violence." - Robert Mickens

Saenz's gang, known as the "Sailors," was notorious for its extreme violence. His brother, Alexi Saenz, has also pleaded guilty to eight murders in a separate agreement and received a 70-year sentence. Three additional Long Island MS-13 leaders also secured plea deals in connection with nine murders, none of which resulted in life imprisonment or capital punishment.

Jairo Saenz mugshot. (U.S. Attorney’s Office, Eastern District of New York via AP)

The Saenz brothers, along with other key figures like Kevin Torres, David Sosa-Guevara, and Victor Lopez-Morales, held leadership positions within various MS-13 subsets operating on Long Island. Under the Trump administration, the Saenz brothers would have faced the death penalty. However, a spokesperson for the U.S. Attorney's office clarified that the death penalty was never a consideration in the other three cases.

The prevalence of MS-13 violence and concerns about illegal immigration have been cited as factors contributing to the Republican shift in suburban Long Island during recent elections. Nisa Mickens and her friend, 16-year-old Kayla Cuevas, were ambushed and brutally murdered by MS-13 members while walking through their neighborhood. The gang, under Jairo Saenz's leadership, used machetes and a baseball bat in the attack.

President Trump with Elizabeth Alvarado and Robert Mickens in 2018. (SAUL LOEB/AFP via Getty Images)

During his first term, President Trump visited Long Island to meet with victims' families and address the MS-13 issue, emphasizing the need to strengthen immigration enforcement. This resulted in a significant number of deportations. Former Attorney General Bill Barr subsequently announced the pursuit of the death penalty for Saenz. Trump also invited the parents of Mickens and Cuevas to attend a State of the Union address.

In 2023, then-U.S. Attorney Breon Peace revealed that Attorney General Garland had directed him to withdraw the pursuit of the death penalty. Trump has pledged to reinstate capital punishment and expand the range of crimes eligible for the death penalty, including the murder of U.S. citizens by illegal immigrants. Mickens expressed his hope that Trump would revisit the plea deal decision and ensure justice is served.