An illegal alien convicted in October of recording a woman in a Walmart restroom stall could be released into the United States, rather than deported to his home country.

Jose Santos Argueta, 32, was arrested on Valentine’s Day after a woman at a San Antonio area ArguetaWalmart reported to store security someone had recorded her in the restroom. The 45-year-old woman told officials and police she was in the stall shortly after 6 p.m. when she saw a cell phone on the floor and herself in the screen, Go San Antonio reports.

Police said Argueta was already in the restroom when the woman entered. Walmart staff identified Argueta and detained him until police responded. Argueta allowed police to look through his phone, and they recovered a video of the victim, at which point Argueta was arrested and charged with improper photography or visual recording and lodged in Tom Green County Jail, according to the site.

Argueta was convicted in Oct. 14, 2015 and given a 270-day sentence. He was also turned over to the San Angelo Border Patrol on Nov. 11, Fox San Antonio reports.

Fox San Antonio describes Argueta as a Honduran national, while Breitbart.com and Go San Antonio report he’s from Mexico. Regardless, he was previously deported from the United States in April 2009.

Fox San Antonio reports “Argueta will have his previous order of removal reinstated and he will be turned over to Immigration and Customs Enforcement,” but Breitbart reports that might not necessarily mean he’s leaving the country.

“He certainly could be released,” Tom Green County Sheriff David Jones told the news site. “We have had several people who were convicted and turned over to federal authorities released. It is a very real concern.”

Jones said that President Obama’s Priority Enforcement Program allows immigration officials to release some criminals back into society once their sentences are complete. In other words, if Argueta’s not already free, he could be soon.

Breitbart reports the Department of Justice planned to release 2,000 detained illegal immigrants last month, though it’s unclear how many, if any, were actually let go.

Jackson County Sheriff Andy Louderback told the media at a press conference in August that Obama’s PEP program “has created a sanctuary state for criminal aliens because it has gutted the immigration system,” according to the news site.

“I am also concerned that although the federal government claims they will be deported, as many as 2,000 illegal aliens could be released into our communities,” he said.

Chambers County Sheriff Brian C. Hawthorne said “As a Texas sheriff, I am concerned that the release of federal inmates is putting our communities at risk.”

“Deportations are at the lowest level in the last 12 months since 2006, and deportations of criminal illegal aliens have dropped to the lowest level since President Obama took office,” Breitbart reports.

“The immigration population in the U.S. hit a record high 42.4 million in July 2014 according to an analysis of Census Bureau data by the Center for Immigration Studies …”