Laken Riley murder: Georgia sheriff says its ICE detainer policy for illegal immigrants ‘could be improved’

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These are the only two possible sentences for the offense of murder in Georgia: Phil Holloway

Fox News’ Arthel Neville speaks with former Assistant District Attorney Phil Holloway about the murder of University of Georgia student Laken Riley on ‘Fox News Live.’

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The Clarke County Sheriff’s Office on Thursday issued a statement conceding that its policy of declining Immigration and Customs Enforcement (ICE) detainer requests for illegal immigrants “could be improved.”

Sheriff John Williams, who campaigned in part on not cooperating with ICE detainers, issued the statement after his office received criticism for its policies following the February 22 death of Augusta University nursing student Laken Riley. The 22-year-old was allegedly murdered by an illegal immigrant from Venezuela while jogging on the University of Georgia campus in Athens.

“In 2018, the Clarke County Sheriff’s Office reviewed and updated its policy concerning foreign nationals booked into the jail. These updates to the policy were the result of public input, a review of best practices, relevant case law, and input from legal counsel,” Williams’ office said in a statement. “Based on the totality of circumstances at that time, the policy was changed to decline requests from [ICE] to hold inmates, known as ‘detainers,’ that are not signed by a judge.”

The law requires the Clarke County Sheriff’s Office to “notify ICE” whenever authorities “book someone either known or suspected to be a foreign national,” the statement read.

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Clarke County Sheriff John Williams campaigned on refusing to cooperate with ICE detainers. (Clarke County Sheriff’s Office)

“Our policy reflects that. ICE detainers are requests, not a court order or warrant. Holding a person based solely on an ICE detainer constitutes a warrantless arrest. The policy does allow for detaining if a warrant or court order signed by a judge is issued,” the statement continued. “Whenever ICE is able to pick up an undocumented person before the time they would have been able to bond out or otherwise be lawfully released, the Sheriff’s Office does not prevent them from doing so. When Sheriff Williams took office in 2021, we maintained this policy.”

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The Clarke County Sheriff’s Office further stated that “at no time” was Jose Antonio Ibarra, the 26-year-old suspect in Riley’s murder, detained in Clarke County prior to his February 23 arrest. Additionally, the sheriff’s office is “not a full-service law enforcement agency,” and under county law, the sheriff’s office does “not typically handle duties such as response to 9-1-1 calls and routine patrols.” 

University of Georgia murder suspect Jose Ibarra lived within a five-minute walk of the approximate scene where he allegedly murdered 22-year-old nursing student Laken Riley on Feb. 22. (Mark Sims for Fox News Digital/Laken Riley/Jose Ibarra)

Riley’s murder “did call attention to some record-keeping practices that could be improved to help identify and track [the sheriff’s] responses to any interactions with subjects determined to be undocumented,” the statement continued. “The stakes involved are of the highest importance. As a result, we are strengthening our policy and will continue to work to uphold all local, state, and federal laws.”

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The sheriff’s office also offered condolences and prayers to the Riley family “for their profound loss,” saying “no one should have their promising life cut short at the hands of another.”

Diego Ibarra, an illegal immigrant from Venezuela, allegedly handed over a fake green card to police on the hunt for his brother Jose, who they accuse of killing Georgia nursing student Laken Riley. (Clarke County Sheriff’s Office)

Jose Ibarra had been arrested in New York City for endangering a child prior to his move to Athens, Georgia. He and his 28-year-old brother, Diego Ibarra, were also cited for shoplifting in Athens. 

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Diego Ibarra has since been charged with green card fraud after allegedly showing police fake documents when they arrived at his apartment to question his brother in connection with Riley’s murder. Diego Ibarra also had a DUI arrest in Athens in September 2023 and was accused of trying to bite a Border Patrol agent in Texas in April 2023.

Diego Ibarra appears in federal court on immigration charges in Macon, GA, Thursday, March 7, 2024. Ibarra is the brother of Jose Ibarra, who is accused of the murder of Georgia nursing student Laken Riley in Athens, GA, last month. (Lucy Luckovich)

Court documents released Wednesday revealed Diego Ibarra has ties to the violent Venezuela-based organized crime gang Tren de Aragua. Federal authorities say that the gang, also known as TdA, has become known for its violent turf wars as it expanded into other countries in South and Central America. The gang is trying to establish itself in the U.S., where police are already linking it to organized crime.

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Images taken from federal court filings include Diego Ibarra’s alleged fake green card as well as photos that prosecutors say are evidence of his suspected ties to the violent Tren de Aragua gang from Venezuela. (Middle District of Georgia)

Diego appeared in court Thursday for his initial appearance related to the green card fraud charge filed against him, and U.S. Magistrate Judge Charles Weigle ordered the murder suspect’s brother to remain in federal custody while his case is pending prosecution. 

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Weigle granted the U.S. attorney’s motion to detain Diego Ibarra, who will remain in U.S. Marshals custody while his case is pending prosecution. Diego Ibarra waived his preliminary hearing, so he proceeded straight to the bail hearing Thursday in federal court. 

Federal prosecutors say Tren de Aragua members often wear Chicago Bulls clothing, even when they have no ties to Chicago and are not fans of the team. Investigators found this photo among images of Diego Ibarra, a suspected member of the gang, wearing Chicago Bulls items. (Middle District of Georgia)

Weigle listed several factors that led to his decision, including the fact that Diego cut off his ankle monitor following his release from U.S. immigration custody and was later able to obtain or provide false documents. The judge said he was concerned that Diego would relocate and obtain or create more fraudulent documents again.

Weigle further cited Diego’s failure to appear in court for his asylum hearing in New York and a hearing for his DUI charge in Athens.

Assistant U.S. Attorney Mike Morrison also pointed to Diego’s alleged gang involvement as a reason to detain the suspect.

Diego Ibarra appears in federal court on immigration charges in Macon, GA, Thursday, March 7, 2024. Ibarra is the brother of Jose Ibarra, who is accused of the murder of Georgia nursing student Laken Riley in Athens, GA, last month. (Lucy Luckovich)

Federal defender Chauntilia Adaway argued that Diego Ibarra is not a flight risk, because he sought asylum in the United States. She also said the court has not heard any testimony of Diego acting in a violent manner or committing any gang-related acts. Adaway further noted that the suspect was had not been prosecuted for his alleged attack against a border patrol agent.

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“If convicted, Ibarra faces a maximum of ten years in prison. U.S. Magistrate Judge Charles Weigle ordered Ibarra to be detained pending trial based on evidence of the defendant being a flight risk,” the U.S. Attorney’s Office for the Middle District of Georgia said in a Thursday statement.

Audrey Conklin is a digital reporter for Fox News Digital and FOX Business. Email tips to audrey.conklin@fox.com or on Twitter at @audpants.