An illegal immigrant from El Salvador who admitted to killing a University of South Carolina student in a hit-and-run crash will be released from prison next spring after serving just one year—a sentence now drawing scrutiny from law enforcement advocates and immigration officials.
According to the South Carolina Department of Corrections, Rosali Fernandez-Cruz was admitted to state custody on Aug. 14 and is scheduled for release on March 2, 2026. Fernandez-Cruz pleaded guilty to hit-and-run resulting in death, the most serious charge stemming from the April 2 crash that killed Nathaniel Baker, 21, a junior at the University of South Carolina and member of the Phi Gamma Delta fraternity.
Authorities said Baker was riding his motorcycle through Columbia when Fernandez-Cruz failed to yield, struck him, and fled the scene. Investigators later identified Fernandez-Cruz, who was in the country illegally, and learned that federal immigration authorities had ordered him deported years earlier.
A Department of Homeland Security source confirmed that Fernandez-Cruz was first arrested by Border Patrol in Hidalgo, Texas, in 2016 and was ordered removed by an immigration judge in 2018. He never left the country. Immigration and Customs Enforcement has since filed a detainer to take him into custody following his state sentence.
Prosecutors said there was no plea deal in the case and that the one-year sentence was determined by the judge. Family members of Baker, who were consulted before sentencing, said they forgave Fernandez-Cruz and did not want the case to become politicized.
Still, the short sentence and previous deportation order have reignited frustration among immigration enforcement supporters, who argue that federal and state cooperation failures continue to endanger communities. Critics say the case underscores how repeatedly ignoring immigration orders can have deadly consequences.
After his release from state custody, Fernandez-Cruz will be transferred to federal immigration authorities to begin deportation proceedings.
