U.S. immigration authorities plan to deport Luciano Tellez to his home country if they find that he was the hit-and-run driver who drove through a stop sign outside Angier on Sunday night and killed a father and son.

U.S. Immigration and Customs Enforcement placed a detainer on Tellez late Tuesday after it learned he was in the country illegally, said Tom O'Connell, resident agent-in-charge of the federal agency's Cary office.

Tellez will face criminal prosecution for over a half dozen offenses as a result of the hit and run Sunday night. If convicted he would be punished in this country -- and possibly imprisoned -- before being deported.

Tellez, 31, had not come to ICE's attention until now, even though he had twice been convicted of drunken driving in North Carolina -- in 2002 in Wake County and 2005 in Raleigh. In addition, Wake County officials had issued a warrant for his arrest for a probation violation stemming from his 2005 DWI conviction.

Had immigration officials known of Tellez's previous legal troubles, it may not have been enough to have him deported, O'Connell said.

With a small staff that must cover 31 counties, the local immigration office does not have the resources to respond to every DWI case that may involve someone here illegally, O'Connell said. In addition, DWI cases are not a matter of national security, which is the federal agency's top priority, and fall below other offenses like rape, robbery, murder or gang activity.

"We go after the worst of the worst," O'Connell said.

The N.C. State Highway Patrol on Monday accused Tellez of driving a Ford Contour through a stop sign, colliding with the cab of a tractor-trailer driven by Jerry Dwane Braswell, 35, of Clayton. Braswell's 9-year-old son, Jerry Dwane Braswell Jr., was a passenger. State troopers said Braswell tried to miss the Contour, but the right front tire of the cab ran across the car. The cab overturned and came to a rest on its top in a ditch. The Braswells were killed -- burned beyond recognition -- when fuel leaking from the cab burst into flames.

The Highway Patrol thinks Tellez fled on foot from the accident. He was arrested the next day and charged with two misdemeanor counts of death by motor vehicle, driving while his license was revoked, failure to stop for a stop sign and a probation violation. On Tuesday morning, authorities added charges of felony hit and run and two counts of involuntary manslaughter.

Several bills making their way through Congress would require local law enforcement agencies to alert immigration officials when they suspect a DWI driver is in the country illegally.

Earlier this week, U.S. Rep. Sue Myrick of Charlotte announced plans to reintroduce a bill that would require the deportation of illegal immigrants convicted of driving while impaired.

Another proposal would require local law enforcement agencies to check immigration status.

Advocates for Hispanics says such measures would create an unfair, extra layer of punishment for Hispanics -- some of whom could face extra scrutiny based on their appearance or surname.

"They say that justice should be blind and equal," said Tony Asion, public safety director for the Hispanic advocacy group El Pueblo. "If that is the case, then it should be the same for everyone."

Asion, a retired police officer, added that law enforcement agencies can already check immigration status at their own discretion -- and often don't because they lack the manpower.

"We're burdening them to do something without giving them the funds to do it," Asion said.