>> reporter: phoenix police say jesus molina killed an officer in a hit-and-run despite two previous arrests for dui and burglary he was not deported. >> that was a death that should have been prevented, it did not have to happen. >> reporter: a similar story in houston where police say accused drink driver andre munoz killed a harris county sheriff. >> it appears that you are here illegally and immigration has a hold on you. >> reporter: under the obama administration prosecutorial discretion policy critics say too many criminals get a date in court instead of deportation. >> this is outrageous. people are dying because i.c.e. is not being allowed to enforce the law by this administration. >> drunk driving needs to be treated as the crime that it is, an alcohol-related, a substance-abuse related crime and not something related to immigration. the two are wholly unrelated. >> reporter: the proposed epl congratulations bill allows for that discretion. illegal immigrants with lengthy criminal records may be allowed to stay if they have a spouse or