I don't see it that way.
If I wrote you a bad check it would still take you MONTHS to do a damn thing about it. Not being American does nothing to change that.
Even the sheriff in the article expresses his concern that Otts might himself be a victim.
We do not KNOW the status of his visa status. I don't work for ICE, do you?
Some law enforcement agencies are not allowed to request legal status/green card/visa doc's unless an arrest is made prior to the request.
I used to run databases for related federal agencies, it's not as simple as you think. No one is running around checking visa's folks - not even for "I think he's illegal" finger pointers - and no actual charges have been made.
Nope, I don't work for ICE. But the newspaper reports showed an immigration stamp from some time last year (September, I think) with a validity of 90 days (again, I think). So, unless they renewed the visa (which nobody claims), we DO know the status of their visa, it is expired.
And, again I am certainly no expert (don't even play one on TV), but I would think that ICE is allowed to request to see the visa status. If not there would not be much justification to even have the agency.