Joe Biden could be prosecuted for facilitating the murder of Laken Riley if the Supreme Court does not side with Donald Trump on presidential immunity, Republican senator Lindsey Graham (R-Sc.) said. 

Riley was killed in February while out jogging at the University of Georgia. The 22-year-old nursing student was struck in the head with a rock and strangled by a Venezuelan man who allegedly intended to rape her.

Biden "better pray"

Riley's murder fueled anger over the porous southern border, and Biden's failure or refusal to control it. Riley's killer, Jose Ibarra, entered the United States illegally and was released by Biden's Homeland Security Department under a controversial "parole" program.

The deadly consequences of Biden's immigration policies could expose him to prosecution if the Supreme Court rejects Trump's immunity claim, Graham said.

"So Joe Biden better hope and pray there’s presidential immunity because when he allowed the killer of Laken Riley to be released on parole because of lack of capacity, I think he’s subject not only to a lawsuit but criminal prosecution if there’s not presidential immunity," Graham told Fox News Sunday. 

Trump has argued presidents need immunity in order to act without fear of being targeted by rogue prosecutors. Lower courts have rejected Trump's argument, but the Supreme Court showed more sympathy for it during a hearing in April.

Trump's lawyer, John Sauer, has invoked Biden's handling of the border while defending Trump's immunity claim.

“Could President Biden someday be charged with unlawfully inducing immigrants to enter the country illegally, for his border policies?” Sauer asked the Supreme Court.

The most lawless president

Public anger has continued to simmer over vile crimes committed by young men who were in the country illegally, including two Venezuelans charged with the rape and murder of a 12-year-old Texas girl.

Prosecutors accused the suspects of luring the victim under a bridge where they tied her up and sexually assaulted her for two hours before killing her.

"On and on and on, all these women who have been raped and murdered have one thing in common, the people that killed them, raped them and murdered them were in our custody and let go, I think illegally," Graham said.

Graham blasted Biden's general approach to governing as "lawless," citing his sweeping executive actions on student loans and immigration, including a "parole in place" order that puts half a million illegal immigrants on a path to amnesty.

"He's the most lawless president ever on immigration," he said.