Wisconsin woman accused of homicide may be deported before trial

(DANE COUNTY) Federal immigration action now shadows a deadly criminal case in Wisconsin, raising the rare prospect that a defendant could be removed from the United States before standing trial. Authorities say Noelia Saray Martinez-Avila, a 30-year-old Honduran national, drove the wrong way on I-90 on the night of July 20, 2025, and crashed head-on into a car in Dane County, killing two teenagers, Hallie Helgeson, 18, and Brady Heiling, 19.

Prosecutors have filed multiple counts, including homicide by intoxicated use of a vehicle, and a judge set bond at $250,000 per case with strict release conditions, according to prosecutors.

Allegations, prior record, and release conditions

Investigators say Martinez-Avila was intoxicated at the time of the crash and had a revoked license. Court records show a prior drunk driving conviction in 2020 and a court order to install an ignition interlock device. Officials say that device was not installed when the crash occurred.

If she posts bond, her release conditions include:

• No alcohol consumption
• No driving
• No contact with the victims’ families
• Compliance with electronic monitoring set by pretrial services before any release

These conditions aim to reduce risk while the case proceeds.

Charges filed in Dane County

The charges filed against Martinez-Avila include:

1. Homicide by intoxicated use of a vehicle
2. Homicide by use of a vehicle
3. Operating while intoxicated causing injury
4. Operating with a revoked license causing death and bodily harm
5. Failing to install a court-ordered ignition interlock device
6. Violating a court order

According to prosecutors, the counts reflect the wrong-way driving, the alleged alcohol level, and the prior order to use an interlock device. The homicide charges carry long prison terms if a jury returns guilty verdicts.

Immigration detainer and sanctuary policy clash

The case has national attention because federal immigration agents have placed an immigration detainer on Martinez-Avila. That request asks local jail staff to notify Immigration and Customs Enforcement (ICE) before release so federal officers can take custody for removal.

• The agency’s public guide to detainers is available on the ICE detainers page.

DHS officials say detainers help agents take custody of noncitizens who may be removable so they can face immigration proceedings. DHS Assistant Secretary Tricia McLaughlin publicly faulted Dane County’s sanctuary policy, saying local limits on cooperation with detainers have led to the release of people accused of serious crimes. She said, “We will fight for justice” for the families of Hallie Helgeson and Brady Heiling.

DHS Secretary Noem has also pledged to make removal of noncitizens charged with violent crimes a priority and to press sanctuary jurisdictions to change course.

County policy and timing problem

County officials have not issued new statements in recent weeks, but the sanctuary policy remained in place as of late August. Under that policy, the county typically does not hold people past the time they would otherwise be released, even when ICE makes a request.

This creates a timing problem:

1. If Martinez-Avila posts bond, the jail must decide whether to inform ICE before release.
2. ICE must decide how quickly to act on its detainer request.
3. If federal agents take custody first, an immigration judge could order removal before the Wisconsin case goes to trial.

Legal advocates who support the county’s stance argue:

• Immigration enforcement is a federal responsibility.
• Local cooperation with ICE can scare off victims and witnesses in immigrant communities.

Federal officials counter that:

• The stakes are different when a defendant faces homicide charges.
• Prompt deportation of someone accused of a deadly crime, they say, protects the public and respects the loss of life.

Human impact and what comes next

For the families of Hallie Helgeson and Brady Heiling, the central concern is clear: they want a Wisconsin jury to hear the case. Victims’ groups warn that deportation before trial would:

• Deny the community its day in court
• Remove any chance for a sentence under state law

Some advocates have urged state leaders to craft a plan ensuring defendants in deadly crashes face trial before removal from the country.

• As of August 26, 2025, Martinez-Avila remains in local custody.
• Her bond remains $250,000 per case.
• Any release would include alcohol bans, a no-contact order, and monitoring.
• The ICE detainer means federal agents could take her into custody if the county releases her, potentially beginning removal proceedings that might lead to deportation without a state verdict.

Important: A detainer is a request, not a court order. In sanctuary jurisdictions, jails may decline to hold someone longer than state law allows. That is why timing matters — a quick handoff to federal custody could move the case out of Wisconsin before any jury hears what happened on I-90.

VisaVerge.com reports this case has become a test for how sanctuary rules interact with high-level felony charges. The bond decision, detainer response, and speed of ICE pickup will shape whether the homicide counts are tried in state court or sidelined by removal.

Federal officials argue immigration law also serves public safety and that people accused of deadly crimes who lack status — or are otherwise deportable — should not remain in the country. Supporters of Dane County’s approach respond that deportation does not address the central issue: when two young people die on Wisconsin roads, a Wisconsin court should decide guilt and punishment.

Families have organized memorials for Helgeson and Heiling. Friends and classmates have left flowers and posted tributes online. Their grief now intersects with a policy fight they did not seek; if deportation happens first, they may never hear a verdict in a Dane County courtroom.