County attorney's office pushes back after ICE says it "declined to file charges"

State of play: ICE used its official X account on Monday to criticize MCAO for not bringing criminal charges against a woman, who the agency says in the U.S. illegally, after a fatal rollover accident.

• Brenda Liliana Rivera-Estrada was arrested on charges of manslaughter and child abuse following the crash, which killed her 9-year-old daughter and left her three other minor children injured, per court testimony.
• "But Maricopa county prosecutors declined to file charges," per ICE's post, adding that Rivera-Estrada's now in its custody pending a review of her case by the U.S. Department of Justice's Executive Office for Immigration Review.

The other side: MCAO responded that it hasn't dropped the case. Rather, it's still investigating.

• County Attorney Rachel Mitchell "has said this many times: We have one chance to get this right. Complex cases like this routinely take time to gather the evidence needed to prove a case beyond a reasonable doubt," the agency said on X.

Zoom in: MCAO had to wait for additional information from DPS, such as lab results and a collision analysis, which isn't unusual in DUI cases, spokesperson Erin Pellett told Axios.

• Without charges, Rivera-Estrada must be released within 72 hours, Pellett said.
• DPS sent the case back to MCAO on Thursday.

The intrigue: Mitchell declined to comment on why ICE targeted MCAO, an agency that is run by a Republican county attorney and hasn't had recent conflicts with the Trump administration.

• ICE wouldn't comment on MCAO's response.