Arrest of reported undocumented immigrant in Mollie Tibbetts' slaying may play into 2018 race

With two words, the lead investigator in the death of a 20-year-old Iowa college student may have ratcheted up the debate over illegal immigration going into the last three months of the 2018 midterms.

During a news conference Tuesday, Iowa Division of Criminal Investigation Special Agent Rick Rahn said the man accused of killing Mollie Tibbetts, who went missing in July while jogging in Brooklyn, Iowa, is an "illegal alien." Immigration and Customs Enforcement (ICE) confirmed that Cristhian Bahena Rivera, 24, is an undocumented immigrant from Mexico.

[On Wednesday, the suspect's attorney filed court documents declaring his client is here legally, reported the Des Moines Register.]

Rahn's news conference was barely finished before proponents of stronger border security flooded Twitter and conservative media outlets used Rivera's arrest as proof the U.S. needs to strengthen immigration laws and punish "sanctuary cities."

"OUTRAGE!" Tweeted conservative radio host Laura Ingraham.

"If found guilty, he will be reminder why sanctuary cities & open borders are as stupid as the politicians who promote them," Tweeted former Arkansas governor and presidential candidate Mike Huckabee.

"This goes on and on and on," attorney David Wohl, a Trump campaign surrogate, said on FOX News.

During a rally in West Virginia, President Donald Trump told the crowd an "incredible, beautiful young woman" was a victim of immigration laws that are "such a disgrace."

"Should've never happened," Trump said of Tibbetts' death.

Republican Iowa Gov. Kim Reynolds slammed the country's failed immigration system.

“As Iowans, we are heartbroken, and we are angry," she said. "We are angry that a broken immigration system allowed a predator like this to live in our community, and we will do all we can (to) bring justice to Mollie’s killer.”

Immigration advocates also responded, highlighting studies that show undocumented immigrants are less likely to commit violent crimes than native-born Americans, and that sanctuary cities have lower crime rates than other cities.

But conservatives dismissed the studies. Many, like former Illinois congressman Joe Walsh, immediately drew a connection with the last high-profile murder allegedly committed by an undocumented immigrant.

"First, Kate Steinle. Now, Mollie Tibbetts. Unacceptable," Walsh tweeted.

Walsh was referring to the 2015 shooting death of the 32-year-old Steinle, whose case became a flash point throughout the 2016 campaign season. The man accused of killing her — Jose Inez Garcia Zarate — had previously been deported five times and charged with selling marijuana, but had been released by the San Francisco Sheriff's Department because of its policies that limit cooperation with federal immigration agents.

During the summer of 2016, Trump seized upon Steinle's case to decry America's loose borders and call for the completion of a wall along the southwest border with Mexico. Republicans in the House of Representatives followed suit, passing a bill known as "Kate's Law" to increase penalties and prison terms for repeat border-crossers.

Zarate was found not guilty of murder and manslaughter during his trial in November, where he said the shooting was accidental after he picked up a gun wrapped in a T-shirt under a seat on the San Francisco pier. But Trump called that verdict "disgraceful," and Steinle's death has remained a focal point for anti-immigration groups.

Mark Krikorian, executive director of the Center for Immigration Studies, a group that has advised the White House on policies to reduce legal and illegal immigration, said it's too early to tell whether Tibbetts' slaying  will become a huge political issue in 2018.

More:Mollie Tibbetts' death: What we know about the Iowa student's case

More:Undocumented immigrant charged with murder in killing of Iowa student Mollie Tibbetts

"That's entirely possible," he said.

But Krikorian said more details need to emerge before that can happen.

Steinle's case in 2016 drew such widespread attention because it raised the issue of sanctuary cities – local governments that do not fully cooperate with federal immigration authorities. San Francisco is deemed a sanctuary because it does not honor ICE "detainers" — requests to hold suspects for up to 48 hours for the sole purpose of giving ICE time to determine if that person committed any immigration violations. The department ignored such a request when it released Zarate.

Krikorian said the man charged in Tibbetts' death would have to have a similar background to become a storyline that permeates the 2018 election. So far, it appears that may not be the case.

In its statement, ICE did not say whether Rivera had any previous contact with federal immigration authorities. It did not say whether he had previously been deported, or whether any judge had ordered him deported.

Krikorian acknowledged that ICE would have quickly publicized any such details if they existed. But absent any previous history with law enforcement, Krikorian said it would be difficult to use Tibbetts' death as a political rallying cry.

The difference, he said, is that the San Francisco case showcased a glaring flaw where local law enforcement are not assisting in federal immigration efforts.

"The real failure comes when the an illegal immigrant is actually in custody and not deported, or has been deported repeatedly but not jailed," he said.

Contributing: Barbara Rodriguez, Des Moines Register