NEW YORK (CBSNewYork) — The man accused of killing a 92-year-old woman last week in Queens was in the country illegally, according to U.S. Immigration and Customs Enforcement.

Police said 21-year-old Reeaz Khan attacked Maria Fuertes around midnight on Jan. 6 as she walked near her South Richmond Hill home.

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He was arraigned on murder and sex abuse charges and held without bail.

Hugo Fuertes’ grief has turned to anger following the brutal killing of his mother, CBS2’s Aundrea Cline-Thomas reported.

“The man who killed my mother is a degenerate. I don’t know why they let him out in the first place,” Hugo Fuertes said through a translator.

WATCH: NYPD Update On Killing Of 92-Year-Old Woman In Queens:

In November, the NYPD arrested Khan, a Guyanese national, after he allegedly cut his father in the chest and arm with a mug during an argument. According to Immigration and Customs Enforcement, at the time federal immigration officers wanted to deport the 21-year-old, who is undocumented.

In a statement ICE said, “Khan was previously released from local law enforcement custody with an active detainer, due to New York City’s sanctuary policies.”

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The statement went on to call Khan’s release “a deadly choice.”

However, the NYPD has refuted those claims, saying it never received an ICE detainer following Khan’s arrest.

The NYPD said it will honor ICE detainers only if “the person has been convicted of a violent or serious crime within five years of the arrest,” if immigration officials present “a warrant is issued by a federal judge,” or the person is on the “terror watch list.”

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The explanation means little to Hugo Fuertes.

“Within there … why didn’t they deport him? They should’ve deported him,” he said.

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Meanwhile, the Queens neighborhood is still in mourning. One makeshift memorial is near the spot where Maria Fuertes was killed. Another was placed in the front of her house. At 92, she was already vulnerable but beloved in a community that’s preparing to say its final goodbyes.