FIRST ON FOX: U.S. Immigration and Customs Enforcement has lodged a detainer against an illegal immigrant accused of a hit-and-run that left a North Carolina father dead in the street.

Fox News Digital learned that ICE filed a detainer request for 21-year-old Honduran illegal immigrant Mauricio Josue Alberto Sarmiento, who is charged with hit-and-run resulting in death in Sylva, North Carolina.

The Sylva Police Department said Sarmiento struck 51-year-old James Robert Bagley III with his car before leaving the scene early Aug. 2. Officers and first responders found Bagley unresponsive in the street. He died from his injuries.

Five days later, the Sylva Police Department announced it had arrested Sarmiento and charged him with felony hit-and-run resulting in serious injury or death, no liability insurance, driving with a revoked license, exceeding safe speed and failure to reduce speed. He also had an outstanding arrest order in Jackson County, North Carolina.

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The same day Sarmiento was arrested, ICE lodged a detainer with the Jackson County Jail.

The Department of Homeland Security told Fox News Digital that Sarmiento entered the country illegally through Texas as an unaccompanied minor in October 2021. U.S. Border Patrol arrested him after his entry. DHS said he was “reunified” with an unrelated sponsor and released into the country under the Biden administration.

DHS Secretary Markwayne Mullin told Fox News Digital his agency is “asking officials in Jackson County to cooperate and not release this criminal from jail without notifying ICE.”

Mullin said “if it weren’t for the Biden Administration’s disastrous open borders, James Bagley would still be alive.”

Fox News Digital reached out to a representative of the former Biden administration for comment but did not receive a response.

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Mullin said “by securing our border and deporting illegal aliens, we can save lives and prevent tragedies like this one from ever happening again.”

After Sarmiento’s arrest, Sylva Police Chief Aimee Sumner said his arrest “represents a significant step forward in our investigation” but added that “while an arrest has been made, this case is not over, and we remain committed to conducting a thorough investigation and ensuring that the facts are presented through the judicial process.”

Sumner noted, “Our thoughts remain with the family and loved ones of James Bagley as they continue to cope with this tremendous loss.”

The police chief confirmed the charges against Sarmiento to Fox News Digital. Sumner also confirmed that Sarmiento remains in custody at the Jackson County Detention Center, which the Jackson County Sheriff’s Office operates.

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Regarding the ICE detainer, Sumner said, “Our department was not involved in that process; you would need to speak with the Jackson County Sheriff’s Office.”

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Fox News Digital contacted the Jackson County Sheriff’s Office but did not receive a response by the time of publication.