Prosecutors in Texas will seek the death penalty for two Venezuelan men who are accused of killing a 12-year-old Houston girl after they entered the U.S. illegally.

Months after two Venezuelan immigrants were charged with the murder of 12-year-old Jocelyn Nungaray, one of the suspects asked for a protective order to ensure the media attention about the case won’t prevent him from having a fair trial. Wednesday morning, that order was rejected when the two men appeared in court

Due to the case gaining national and media attention, Franklin Peña’s attorneys have filed a protective order claiming “the additional extra-judicial statements to the news media are likely to produce a result of undue prejudice in the community to deprive the Defendant of a fair trial”

The brutal murder of 12-year-old Jocelyn Nungaray has led Senator Ted Cruz and Rep. Troy Nehls to introduce the Justice for Jocelyn Act. This act aims to improve the detention and tracking of illegal immigrants in the U.S. Jocelyn was strangled to death by two men from Venezuela, who entered the country illegally and were later released. Cruz emphasizes that such tragedies are preventable and calls for decisive action to ensure no family endures similar pain.

A second Venezuelan man living in the U.S. illegally and accused of killing a 12-year-old Houston girl has been ordered to be held on a $10 million bond.