Lawyer chides Trump, says suspect in Mollie Tibbetts' slaying worked in Iowa legally. Not true, says employer Defense lawyer accuses ‘sad and sorry Trump’ of poisoning potential jurors

Jason Clayworth | The Des Moines Register

Show Caption Hide Caption Mollie Tibbetts murder suspect arrives in court Cristhian Bahena Rivera arrives at the Poweshiek County Courthouse for his first appearance after being charged with the murder of Mollie Tibbetts.

A court document filed Wednesday morning states that the man accused of killing Mollie Tibbetts was working legally in Iowa, contradicting authorities' contention that he is an undocumented immigrant.

But officials at the Iowa dairy farm where the suspect worked offered information Wednesday afternoon that undermines the document's claim.

And U.S. Immigration and Customs Enforcement spokesman Shawn Neudauer said Thursday that "law enforcement remains absolutely confident that we’ve correctly identified the suspect as an illegal alien from Mexico, based both on investigative interviews with him and on records checks."

Cristhian Bahena Rivera, 24, was charged Tuesday with first-degree murder in the July 18 disappearance of Tibbetts, a University of Iowa student whose abduction has captured national headlines.

More: Is he here legally? A look at the facts regarding the immigration status of Mollie Tibbetts' accused killer

The government is incorrectly promoting the idea that Rivera is not in Iowa legally, attorney Allen Richards of Tama said in a court document asking for a gag order in the case.

"Sad and sorry Trump has weighed in on this matter in national media which will poison the entire possible pool of jury members," Richards wrote, referencing a statement from the president citing Tibbetts' death as an example why "immigration laws are such a disgrace."

More: On the left and the right, political fervor explodes over Mollie Tibbetts' death

Law enforcement officials on Tuesday said Rivera was here illegally, which immediately fueled political debate, including a statement from Gov. Kim Reynolds: "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.”

MORE: Complete coverage of Mollie Tibbetts' disappearance

RELATED: What we now know about Cristhian Bahena Rivera

UPDATE: Magistrate sets $5 million cash-only bond for Rivera in court hearing

U.S. Immigration and Customs Enforcement also filed a detainer to make sure Rivera was not released. He is being held on a $5 million cash bond.

A document filed just before 9:30 a.m. Wednesday by Rivera’s attorney calls into question Rivera's immigration status.

More Tibbetts case coverage:

Rivera has lived in Iowa for four to seven years, working at Yarrabee Farms, a Brooklyn-area farm owned by several family members, including brothers Eric, Dane and Craig Lang. Craig Lang, a prominent Republican, has verified that Rivera is in Iowa legally, according to Richards’ motion.

"Craig Lang supports Cristhian’s right to be in this jurisdiction and for the government to support any other idea of status publicly flies in the face of such statement," Richard wrote.

"Cristhian deserves the court’s protection as to his characterization before a jury pool."

Yarrabee Farms, Rivera’s employer, issued a statement Tuesday night saying Rivera was vetted through the government's E-Verify system. However, a government archive does not indicate the Brooklyn, Iowa, farm as a participating member of the system.

On Wednesday, officials from the farm acknowledged they did not use the E-Verify system and that Rivera gave them false information.

MORE: Crime Stoppers wait to address Tibbetts reward until family can 'catch their breath'

A Poweshiek District Court Judge on Wednesday denied the gag order request.

The White House tweeted about the murder during the Wednesday hearing. The White House post included video testimony of family members in other cases whose loved ones were killed by “repeat illegal alien” criminals.

For 34 days, investigators searched for 20-year-old Mollie Tibbetts. Yesterday, an illegal alien, now charged with first-degree murder, led police to the cornfield where her body was found.



The Tibbetts family has been permanently separated. They are not alone. pic.twitter.com/BBskwHEJoU — The White House (@WhiteHouse) August 22, 2018

During Tuesday's press law enforcement officials described Rivera as an "undocumented immigrant."

Iowa Division of Criminal Investigation Assistant Director Mitch Mortvedt on Wednesday deferred questions about the matter to federal officials.

“What we based everything off of as far as saying he is an illegal alien is we worked with Homeland Security Investigations and they have him as an illegal alien,” Mortvedt said. “DCI doesn’t work immigration stuff so anytime this stuff comes up we defer to them.”

U.S. Citizenship and Immigration Services spokesman Michael Bars told USA Today reporter Alan Gomez on Wednesday, "A search of records by USCIS revealed Rivera did not make any DACA requests nor were any grants given. We have found no record in our systems indicating he has any lawful immigration status."

View the full motion here.